- within Government, Public Sector, Criminal Law and Insurance topic(s)
- with readers working within the Healthcare industries
The Antitrust Division of the Department of Justice (the "DOJ") and the Federal Trade Commission (the "FTC") announced in September 2025 that they had identified over 125 "anticompetitive regulations" for review as part of their work to advance President Trump's Executive Order on Reducing Anti-Competitive Regulatory Barriers ("EO 14267"). The September report is an initial report, and the agencies continue to evaluate whether additional regulations should be targeted for repeal. The review period presents an opportunity for companies to identify problematic regulations that impede their ability to compete and to advocate before the agencies. Businesses that have benefited from favorable regulatory schemes should take immediate steps to assess the potential impact of regulatory changes and proactively strengthen their competitive capabilities.
The Trump Administrative Deregulation Effort
EO 14267 directs federal agencies to consult the FTC Chairman and the Attorney General to review regulations 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.
Under EO 14267, federal agencies had until June 18, 2025 to identify such regulations along with a recommendation by the agency head regarding whether to rescind or modify the regulation, along with a justification for regulations that are "anti-competitive by design" if the agency is not proposing rescission or modification.
Regulations for Review
While the list of 125 regulations for review has not yet been made public, the FTC Chairman, Andrew Ferguson, submitted an initial report and recommendations to the Office of Management and Budget ("OMB") highlighting four key proposals, including (1) that the Department of Transportation eliminate regulations that give contracting preferences to socially and economically disadvantaged individuals; (2) that the Department of Education revise its regulation allowing colleges and universities to include the cost of textbooks and supplies in tuition covered by financial aid; (3) that the Consumer Product Safety Commission continue to review its proposed rule requiring table saws to use finger detection technology because the rule was proposed by the patent holder for the technology; and (4) that the Department of Agriculture Forest Service modify its handbook establishing requirements for grazing permits to remove barriers to entry for new ranchers. In his letter, Chairman Ferguson also indicated that the FTC intends to supplement its initial report with additional recommendations.
While the regulations identified by FTC Chairman Ferguson are currently under review by the OMB, EO 14267 does not require the OMB Director to do more than consult on the recommendations and determine whether they should be included in the "Unified Regulatory Agenda" established under Executive Order 14219 ("Ensuring Lawful Governance and Implementing the President's 'Department of Government Efficiency' Deregulatory Initiative"). All recommendations submitted by the FTC or the DOJ will ultimately be reviewed by the Executive Office and the decision of whether to take action on any of the identified regulations rests with the President, acting through the OMB, the Attorney General, the President for Economic Policy, and the substantive agency responsible for the regulation. This process may be delayed as a result of the Government shutdown as many government employees remain furloughed. Even if the OMB proceeds with the recommendations and they are added to a deregulatory agenda, the changes cannot go immediately into effect as the agencies must comply with the Administrative Procedure Act. Additionally, Congress will want to express its views on efforts to repeal or revise regulations. For example, on September 30, 2025, Representative Jerrold Nadler (D-NY) called on OMB to release the full list of laws and rules deemed anticompetitive by the FTC and DOJ asserting that transparency is required during the process.
Other Antitrust Division Initiatives
The Antitrust Division has instituted other initiatives consistent with the goals of EO 14267. In March 2025, the Antitrust Division launched an Anticompetitive Regulations Task Force with the aim of eliminating laws and regulations that it views as anti-free market competition, and with a particular focus on housing, transportation, food and agriculture, healthcare, and energy markets.
During Assistant Attorney General ("AAG") Gail Slater's first antitrust address as AAG of the Antitrust Division in April 2025, she stated that the values that underpin "America First Antitrust" include "the protection of individual liberty from both government and corporate tyranny" (including the "tyranny of coercive monopoly power") and "a healthy fear of regulation that saps economic opportunity by stifling rather than promoting competition." AAG Slater continued that there is a preference for litigation over regulation to "cure market ills."
Most recently, on September 26, 2025, the Antitrust Division and the Department of Agriculture signed a Memorandum of Understanding ("MOU") to increase communication and coordination between the agencies on matters relating to feed, equipment, and other products involved in agriculture with the aim of sustaining competitive supply chains and consumer prices.
Industry Impact and Opportunity
Although the full list of regulations under review has not been released, Chairman Ferguson's letter provides valuable insight: many of the rules targeted for elimination or revision will likely align with both the Trump Administration's antitrust enforcement goals and larger stated Administration Priorities. In particular, regulations perceived by the Administration as favoring established market incumbents over consumers or new entrants, as well as policies granting preference or set-aside opportunities to certain groups — where such preferences conflict with the Administration's stated commitment to ending diversity, equity, and inclusion ("DEI") programs – may be prioritized in the review.
It is also likely that the targeted regulations will affect a broad range of industries. Areas that may receive particular scrutiny include housing, transportation, food and agriculture, healthcare, energy, and government procurement programs — consistent with the priorities identified by the Antitrust Division's Anticompetitive Regulations Task Force and other announced initiatives.
Chairman Ferguson described his September report to OMB as an "initial response" subject to ongoing deliberation and refinement. Both the FTC and the DOJ are continuing to work with federal agencies to identify anticompetitive regulations and plan to issue a supplemental report with additional recommendations for modifying or eliminating such rules in the future. This process creates a valuable, ongoing opportunity for companies to identify problematic regulations that they believe harm competition or create unnecessary barriers to market entry. The FTC and the DOJ have indicated they remain receptive to input from market participants during this deregulatory review. In particular, businesses that believe certain regulatory frameworks limit their abilities to compete can use this window to advocate for change—either directly to the agencies during the review phase or later through the formal notice-and-comment process required for any federal regulatory amendments. By engaging early and providing clear, competitive-impact perspectives, businesses can position themselves to help shape future regulatory landscapes in ways that foster fair competition and reduce unnecessary burdens.
Throughout the process, companies must remain in full compliance with all existing regulations, even those identified for possible elimination. Placement on the "review list" may signal a shift in priorities, but it does not remove legal obligations. Until formally repealed, regulations remain enforceable and noncompliance during this interim period can still result in costly enforcement actions, steep penalties, and reputational risk.
At the same time, businesses benefiting from preferential treatment under DEI initiatives or "set-aside" programs should begin preparing for potential policy changes. Similarly, businesses currently enjoying favored status as incumbents should anticipate that the removal of certain barriers may open the market to new competitors. Acting now to assess potential impacts will help companies adapt to evolving market dynamics and leverage upcoming opportunities.
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.
