Executive Order 14036 · Signed Jul 9, 2021

86 FR 36987 · Published Jul 14, 2021 · Effective on signing

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Promoting Competition in the American Economy

antitrust policycorporate consolidationconsumer protectionprescription drug pricingsmall business competition

Signed by President Joseph R. Biden Jr.

Directs more than a dozen federal departments and agencies to take coordinated action against corporate consolidation across healthcare, agriculture, technology, telecommunications, financial services, and transportation — the broadest whole-of-government competition policy initiative in decades.

Establishes a White House Competition Council to oversee implementation and sets dozens of specific deadlines for reports, proposed rulemakings, and action plans. Most directives require agencies to study, plan, or begin rulemaking rather than taking immediate legal effect.

What this order does

What it orders

The order directs federal agencies across nearly every major sector of the economy to use their existing statutory authorities to combat corporate consolidation and unfair competition. It creates a White House Competition Council, chaired by the Director of the National Economic Council, to coordinate implementation. Mandatory agency actions include: the Secretary of Transportation publishing a proposed rule on airline baggage fee refunds and beginning work on definitions of "unfair" airline practices; the Secretary of HHS publishing a proposed rule on over-the-counter hearing aids and submitting a plan to combat excessive prescription drug pricing; the Attorney General adopting a plan to revitalize bank merger oversight; the Secretary of Agriculture submitting a competition plan for agricultural markets; the Secretary of Defense reviewing competition in the defense industrial base; and the Secretary of Commerce conducting a study of the mobile app ecosystem.

The order also encourages independent agencies — including the FTC, FCC, Federal Maritime Commission, CFPB, and Surface Transportation Board — to pursue specific rulemakings on topics such as non-compete clauses, net neutrality, broadband price transparency, right-to-repair restrictions, and consumer data portability. It reaffirms the government's authority to challenge previously consummated mergers and declares the administration's policy of vigorous antitrust enforcement, but does not itself change any existing regulation or legal standard.

Who it affects

Federal departments and independent agencies directed or encouraged to act; small businesses, farmers, gig workers, and consumers who may benefit from reduced consolidation; airlines, hospitals, pharmaceutical companies, internet platforms, agricultural processors, financial institutions, broadband providers, railroads, and other large consolidated industries subject to new scrutiny.

Why it matters

Consumers could eventually see lower prescription drug prices, cheaper broadband, fairer airline fees, and more choices in financial services — but only after agencies complete the required rulemakings. Farmers and small businesses gain a formal federal commitment to investigate consolidation in markets where they compete against large corporations.

What must happen and when

How the order is supposed to work

The White House Competition Council coordinates agency implementation and receives the required reports; each report feeds a potential next step (rulemaking, legislation, or further study). Most binding directives require agencies to submit plans or publish proposed rules, not final rules — meaning real-world effects depend on subsequent notice-and-comment rulemaking processes. Independent agencies (FTC, FCC, etc.) are encouraged but not ordered to act. A severability clause and a standard no-private-right-of-action provision cabin the order's legal enforceability against agencies or third parties.

Actions and deadlines

  • Each Council member designates a senior official to coordinate competition efforts within their agencyWithin 30 days of signing
  • Secretary of Transportation appoints Aviation Consumer Protection Advisory Committee members and convenes a meetingWithin 30 days of signing
  • Secretary of Transportation submits report on progress of airline COVID-19 refund enforcement activitiesWithin 45 days of signing
  • Secretary of Transportation publishes proposed rule requiring airlines to refund baggage and ancillary fees when services are not providedWithin 45 days of signing
  • Secretary of Transportation starts development of proposed amendments to definitions of 'unfair' and 'deceptive' airline practices under 49 U.S.C. 41712Within 60 days of signing
  • Secretary of HHS submits plan to combat excessive prescription drug pricing and address price gougingWithin 45 days of signing
  • FDA Commissioner writes letter to USPTO describing patent concerns that delay generic drug and biosimilar competitionWithin 45 days of signing
  • Secretary of Transportation considers initiating rulemaking to require ancillary fee disclosure at time of ticket purchaseWithin 90 days of signing
  • Secretary of HHS publishes proposed rule on over-the-counter hearing aidsWithin 120 days of signing
  • Secretary of the Treasury submits report assessing competition in beer, wine, and spirits marketsWithin 120 days of signing
  • Attorney General adopts plan for revitalization of merger oversight under the Bank Merger Act and Bank Holding Company ActWithin 180 days of signing
  • Secretary of Agriculture submits report with plan to promote competition in agricultural industriesWithin 180 days of signing
  • Secretary of Defense submits review of competition in the defense industrial baseWithin 180 days of signing
  • Secretary of Defense submits report on plan to avoid repair-restrictive contract terms in procurement agreementsWithin 180 days of signing
  • Secretary of the Treasury submits report on effects of lack of competition on labor marketsWithin 180 days of signing
  • Secretary of the Treasury considers initiating rulemaking to update Alcohol and Tobacco Tax and Trade Bureau trade practice regulationsWithin 240 days of signing
  • Secretary of the Treasury submits report on large technology and non-bank firms' entry into consumer finance marketsWithin 270 days of signing
  • Secretary of Agriculture submits report on retail concentration and its effects on competition in food industriesWithin 300 days of signing
  • Secretary of Commerce submits study and recommendations on competition in the mobile application ecosystemWithin 1 year of signing

Agencies directed to act

Department of AgricultureDepartment of TransportationDepartment of Health and Human ServicesDepartment of CommerceDepartment of the TreasuryDepartment of DefenseDepartment of JusticeFederal Trade CommissionFederal Communications CommissionFederal Maritime CommissionConsumer Financial Protection BureauSurface Transportation BoardOffice of Management and BudgetOffice of Information and Regulatory Affairs

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

Sherman Antitrust Act

Federal law prohibiting anticompetitive agreements and monopolization of markets.

Clayton Antitrust Act

Federal law targeting specific anticompetitive practices including harmful mergers.

Federal Trade Commission Act

Law creating the FTC and prohibiting unfair or deceptive business practices.

Executive Order

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Executive Order 14036: Promoting Competition in the American Economy | EO Reporter