On Friday, July 9, 2021, President Biden issued Executive Order (EO) 14036, "Promoting Competition in the American Economy" (see previous alert here). In the ensuing months, federal agencies have begun to implement the EO's 72 initiatives to address competition issues across the economy, with the White House most recently detailing actions the administration will take to ensure a more competitive meat and poultry supply chain. Below, please find a general timeline with key dates outlined in the EO, as well as actions undertaken by federal agencies to implement the order thus far.
Below, please find a general timeline with key dates outlined in the EO, as well as actions undertaken by federal agencies to implement the EO thus far.
30 Days (August 20, 2021)
- White House Competition Council (newly created under the EO)
- Directs members of the Council to designate a senior official
within their agency to be the point of contact with the Council and
oversee the agency's efforts to address competition issues.
- Status: Met September 10, 2021
- Directs members of the Council to designate a senior official
within their agency to be the point of contact with the Council and
oversee the agency's efforts to address competition issues.
- U.S. Department of Transportation (DOT)
- Appoint or reappoint members of the Advisory Committee for
Aviation Consumer Protection to ensure fair representation of
consumers, state and local interests, airlines and airports, and
convene a meeting of the Committee as soon as possible.
- Status: Appointed July 14, 2021; Met December 2, 2021
- Convene a working group within the Department to evaluate the
effectiveness of existing commercial aviation programs, consumer
protections and rules of the Federal Aviation Administration (FAA).
- Status: Issued July 14, 2021
- Appoint or reappoint members of the Advisory Committee for
Aviation Consumer Protection to ensure fair representation of
consumers, state and local interests, airlines and airports, and
convene a meeting of the Committee as soon as possible.
45 Days (September 13, 2021)
- U.S. Department of Health and Human Services (HHS)
- Submit a report to the White House with a plan to address high
prescription drug prices and price gouging.
- Status: Submitted September 9, 2021
- Submit a report to the White House with a plan to address high
prescription drug prices and price gouging.
- U.S. Food and Drug Administration (FDA)
- Send a letter to the Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent and
Trademark Office outlining relevant concerns of the agency.
- Status: Letter Sent September 10, 2021
- Send a letter to the Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent and
Trademark Office outlining relevant concerns of the agency.
- DOT
- Submit a report to the White House Competition Council, on the
progress of DOT's efforts to address the failure of airlines to
provide timely refunds for flights canceled as a result of the
pandemic.
- Status: Submitted September 9, 2021
- Publish a proposed rule requiring airlines to refund baggage
fees when a passenger's luggage is substantially delayed and
other ancillary fees when passengers pay for a service that is not
provided.
- Status: Published July 21, 2021
- Submit a report to the White House Competition Council, on the
progress of DOT's efforts to address the failure of airlines to
provide timely refunds for flights canceled as a result of the
pandemic.
60 Days (October 4, 2021)
- DOT
- Start development of proposed amendments to the
Department's definitions of "unfair" and
"deceptive" in 49 U.S.C. 41712.
- Status: Rulemaking in Development
- Start development of proposed amendments to the
Department's definitions of "unfair" and
"deceptive" in 49 U.S.C. 41712.
90 Days (November 17, 2021)
- DOT
- Consider initiating a rulemaking to ensure that consumers have
ancillary fee information at the time of ticket purchase.
- Status: Rulemaking in Development
- Consider initiating a rulemaking to ensure that consumers have
ancillary fee information at the time of ticket purchase.
120 Days (January 3, 2022)
- HHS
- Publish for notice-and-comment a proposed rule to promote the
availability of low-cost, over-the-counter hearing aids.
- Status: Published October 20, 2021
- Publish for notice-and-comment a proposed rule to promote the
availability of low-cost, over-the-counter hearing aids.
- U.S. Department of the Treasury ("Treasury")
- Submit a report to the White House Competition Council
assessing the current market structure and conditions of
competition, including an assessment of any threats to competition
and barriers to new entrants.
- Status: Pending
- Submit a report to the White House Competition Council
assessing the current market structure and conditions of
competition, including an assessment of any threats to competition
and barriers to new entrants.
180 Days (March 30, 2022)
- Treasury
- Submit a report to the White House Competition Council on the
impact of the current lack of competition on labor markets.
- Status: Pending
- Submit a report to the White House Competition Council on the
impact of the current lack of competition on labor markets.
- U.S. Department of Agriculture (USDA)
- Issue a plan to increase opportunities for farmers to access
markets.
- Status: Issued Meat/Poultry Supply Chain Fact Sheet January 3, 2022; Issued USDA/DOJ Shared Principles January 3, 2022
- Issue a plan to increase opportunities for farmers to access
markets.
- U.S. Department of Justice (DOJ)
- Review current practices and adopt a plan for the
revitalization of merger oversight under the Bank Merger Act and
the Bank Holding Company Act of 1956.
- Status: Sought Public Comments December 17, 2021 (Comments Due February 15, 2022)
- Review current practices and adopt a plan for the
revitalization of merger oversight under the Bank Merger Act and
the Bank Holding Company Act of 1956.
- U.S. Department of Defense (DoD)
- Submit a report to the White House Competition Council
assessing the state of competition within the defense industrial
base, as well as a plan for avoiding contract terms in procurement
agreements that limit the ability of DoD or service members to
repair their own equipment.
- Status: Pending
- Submit a report to the White House Competition Council
assessing the state of competition within the defense industrial
base, as well as a plan for avoiding contract terms in procurement
agreements that limit the ability of DoD or service members to
repair their own equipment.
240 Days (June 27, 2022)
- Treasury
- Initiate a rulemaking to update the Alcohol and Tobacco Tax and
Trade Bureau's trade practice regulations.
- Status: Pending
- Rescind or revise any regulations of the beer, wine and spirits
industries that may unnecessarily inhibit competition.
- Status: Issued Request for Information (RFI) July 28, 2021 (Comments Due October 21, 2021)
- Reduce any barriers that impede market access for smaller and
independent brewers, winemakers and distilleries.
- Status: Issued RFI July 28, 2021 (Comments Due October 21, 2021)
- Initiate a rulemaking to update the Alcohol and Tobacco Tax and
Trade Bureau's trade practice regulations.
270 Days (August 9, 2022)
- Treasury
- Submit a report to the White House Competition Council
examining the impact of competition of large technology firms'
and other nonbank companies' entry into consumer finance
markets.
- Status: Pending
- Submit a report to the White House Competition Council
examining the impact of competition of large technology firms'
and other nonbank companies' entry into consumer finance
markets.
300 Days (September 21, 2022)
- USDA
- Issue a report to the White House Competition Council on the
effect of retail concentration on competition in the food
industries.
- Status: Pending
- Issue a report to the White House Competition Council on the
effect of retail concentration on competition in the food
industries.
365 Days (December 27, 2022)
- U.S. Department of Commerce
- Directs the Department to conduct a study of the mobile
application ecosystem and subsequently submit a report to the White
House Competition Council outlining the study's findings, as
well as recommendations for increasing competition and reducing
barriers to entry, among other things.
- Status: Pending
- Directs the Department to conduct a study of the mobile
application ecosystem and subsequently submit a report to the White
House Competition Council outlining the study's findings, as
well as recommendations for increasing competition and reducing
barriers to entry, among other things.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.