Reducing Anti-Competitive Regulatory Barriers
Signed April 9, 2025·Donald Trump·90 FR 15629
Source
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Plain-language summary
Directs federal agency heads to review, in consultation with the Chairman of the Federal Trade Commission and the Attorney General, all regulations under their rulemaking authority to identify ones that create monopolies, unnecessary barriers to entry, unduly limit competition, restrict licensure or accreditation, burden procurement, or otherwise distort free-market competition. Agencies must submit lists of such regulations within 70 days, along with recommendations to rescind, modify, or justify them, prioritizing rules classified as significant under Executive Order 12866. Within 10 days, the Chairman must open a 40-day public request for information on these regulations. After receiving agency lists, the Chairman, with the Attorney General and other officials, must compile a consolidated list of recommended changes within 90 days for the Office of Management and Budget Director, who will decide whether to incorporate them into the Unified Regulatory Agenda established under Executive Order 14219. The order states it does not alter existing legal authorities and creates no enforceable rights.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered
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Disposition
See: EO 12866, September 30, 1993; EO 14219, February 19, 2025
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The order, in full
Executive Order 14267 of April 9, 2025
Reducing Anti-Competitive Regulatory Barriers
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered:
Section 1. Purpose. Federal regulations should not
predetermine economic winners and losers. Yet some
regulations operate to exclude new market entrants.
Regulations that reduce competition, entrepreneurship,
and innovation--as well as the benefits they create for
American consumers--should be eliminated. This order
commences the process for eliminating anti-competitive
regulations to revitalize the American economy.
Sec. 2. Definitions. (a) “Agency” has the meaning
given to it in section 3502 of title 44, United States
Code, except that it does not include the Executive
Office of the President or any components thereof.
(b) “Agency head” means the highest-ranking
official of an agency, such as the Secretary,
Administrator, Chairman, or Director, unless otherwise
specified in this order.
Sec. 3. Rescinding Anti-Competitive Regulations. (a)
Agency heads shall, in consultation with the Chairman
of the Federal Trade Commission (Chairman) and the
Attorney General, complete a review of all regulations
subject to their rulemaking authority and identify
those that:
(i) create, or facilitate the creation of, de facto or de jure monopolies;
(ii) create unnecessary barriers to entry for new market participants;
(iii) limit competition between competing entities or have the effect of
limiting competition between competing entities;
(iv) create or facilitate licensure or accreditation requirements that
unduly limit competition;
(v) unnecessarily burden the agency's procurement processes, thereby
limiting companies' ability to compete for procurements; or
(vi) otherwise impose anti-competitive restraints or distortions on the
operation of the free market.
(b) Within 70 days of the date of this order,
agency heads shall each provide to the Chairman and the
Attorney General a list of regulations identified by
the categories specified in subsection (a) of this
section. Agency heads shall also include a
recommendation as to whether each of the listed
regulations warrants rescission or modification in
light of its anti-competitive effects. For recommended
modifications, agency heads shall briefly specify what
modification is appropriate. For regulations that are
anti-competitive by design, agency heads shall provide
a justification for their anti-competitive effects if
the agency head is not proposing rescission or
modification.
(c) In conducting the review required by subsection
(a) of this section, agency heads shall prioritize
review of those rules that satisfy the definition of
“significant regulatory action” in Executive Order
12866 of September 30, 1993 (Regulatory Planning and
Review), as amended.
(d) Within 10 days of the date of this order, the
Chairman shall issue a request for information (RFI)
that seeks public input on the identification of
regulations that fall within the categories specified
in subsection (a) of this section, as well as comments
explaining the proposed classifications. The request
shall remain open for 40 days. Upon the close of the
RFI
period, the Chairman shall convey any relevant
responses to the agency with rulemaking authority over
the identified regulation.
(e) Within 90 days of receipt of the agency lists
specified in subsection (b) of this section, the
Chairman, in consultation with the Attorney General,
the Assistant to the President for Economic Policy, and
the relevant agency heads, shall provide to the
Director of the Office of Management and Budget (OMB
Director) a consolidated list of regulations that
warrant rescission or modification in light of their
anti-competitive effects, along with recommended
modifications. The Chairman may include on the
consolidated list regulations not originally included
on an agency list if such regulations fall within at
least one of the categories outlined in subsections
(a)(i)-(vi) of this section.
(f) Upon receipt of the consolidated list described
in subsection (e) of this section, the OMB Director,
through the Administrator of the Office of Information
and Regulatory Affairs, shall consult with the
Chairman, the Attorney General, the Assistant to the
President for Economic Policy, and the relevant agency
heads to decide whether to incorporate the proposed
rescissions or modifications into the Unified
Regulatory Agenda developed pursuant to Executive Order
14219 of February 19, 2025 (Ensuring Lawful Governance
and Implementing the President's “Department of
Government Efficiency” Deregulatory Initiative).
Sec. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
April 9, 2025.Reproduced from the Federal Register plain-text record, signed April 9, 2025. Typesetting artifacts are removed; no wording is changed.