On March 27, the Antitrust Division of the U.S. Department of Justice launched the Anticompetitive Regulations Task Force to review and advocate for the elimination of anticompetitive state and federal laws and regulations.
Companies in any industry affected by laws or regulations that add “unnecessary barriers to competition” should consider submitting a white paper or other advocacy piece to the Task Force. The submission deadline is May 26.
Companies interested in submitting a comment should consider working with counsel to prepare a white paper or similar advocacy piece that (1) clearly identifies the law or regulation at issue, (2) explains the desired outcome, whether repealing or amending the law or regulation at issue, (3) explains the burdens associated with the law or regulation and how those burdens affect American households, and (4) explains how those burdens create unnecessary barriers to competition or hinder free market competition.
Companies should think broadly about potentially applicable laws and regulations. The Task Force may recommend eliminating regulations that implicate other White House priorities (e.g., offshore oil drilling) even if those regulations are less closely tied to competition or barriers to entry.
Highlighted Industries
The Task Force appears focused on eliminating laws and regulations that may be perceived as benefiting monopolists or large incumbents at the expense of American consumers, small businesses, and entrepreneurs. The Antitrust Division describes the Task Force as an outgrowth of Executive Order 14192, which in part sought to “significantly reduce the private expenditures required to comply with Federal regulations,” and Executive Order 14219, which directed agencies to “review all regulations” to identify regulations that “impose undue burdens on small businesses.”
The DOJ press release highlighted laws and regulations in certain industries as having the greatest impact on American households:
- Housing: laws and regulations in housing markets that make it more difficult for companies to build and for ordinary Americans to rent or buy.
- Transportation: laws and regulations in areas like airlines, rail, and ocean shipping can grant antitrust immunities, outright monopolies, or safe harbors for conduct that undermines competition. As a result, Americans pay more for travel, fuel, and a variety of other products.
- Food and Agriculture: eliminating unnecessary anticompetitive regulations will help farmers, growers, and ranchers increase the amount of food they produce and unlock lower prices for American consumers.
- Healthcare: laws and regulations in healthcare markets too often discourage doctors and hospitals from providing low-cost, high-quality healthcare and instead encourage overbilling and consolidation.
- Energy: laws and regulations can undermine reliability and affordability of energy by protecting incumbent electricity providers from competition or disruptive innovation.
The descriptions for each industry were largely included in the DOJ press release.
Comment Process
Anyone interested in submitting a comment has until May 26 to submit it at https://www.regulations.gov/document/ATR-2025-0001-0002 (docket no. ATR-2025-0001). The online form requires a narrative “Comment” but provides an option to upload files up to 20MB.
The Task Force, composed of attorneys, economists, and Antitrust Division staff, will review the comments together with interagency partners. The Antitrust Division will help the agencies that promulgated any regulations viewed as unnecessarily harmful to competition to revise or eliminate those regulations. Some laws and regulations, like state laws, will require the Antitrust Division to utilize other tools, including amicus briefs and statements of interest.
Takeaways
Companies interested in submitting a comment should consider working with counsel to prepare a white paper or similar advocacy piece targeting relevant laws and regulations that add “unnecessary barriers to competition.” Skilled counsel can help prepare and submit comments, maximizing the likelihood that the Antitrust Division identifies a law or regulation for elimination or revision.
