FTC and DOJ Ask Federal Agencies to Identify Anticompetitive Regulations

Cozen O'Connor
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  • The FTC and the U.S. DOJ’s Antitrust Division issued a joint letter to the heads of federal agencies directing them to identify anticompetitive regulations as required by President’s Trump’s Reducing Anti-Competitive Regulatory Barriers Executive Order (EO).
  • The letters reference the EO’s requirement that agencies identify anticompetitive regulations within their rulemaking authority, and that agencies recommend deletions, modifications, or justifications for potential anticompetitive effects associated with regulations.
  • The joint letter follows a Request for Information by the FTC for public comment on how federal regulations can harm competition. The DOJ has also launched an Anticompetitive Regulations Task Force to support the EO’s efforts.

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