Presidential Documents

36987 

Federal Register 

Vol. 86, No. 132 

Wednesday, July 14, 2021 

Title 3— 

The President 

Executive Order 14036 of July 9, 2021 

Promoting Competition in the American Economy 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, and in order to promote the interests 

of American workers, businesses, and consumers, it is hereby ordered as 

follows: 

Section 1. Policy. A fair, open, and competitive marketplace has long been 

a cornerstone of the American economy, while excessive market concentration threatens basic economic liberties, democratic accountability, and the 

welfare of workers, farmers, small businesses, startups, and consumers. 

The American promise of a broad and sustained prosperity depends on 

an open and competitive economy. For workers, a competitive marketplace 

creates more high-quality jobs and the economic freedom to switch jobs 

or negotiate a higher wage. For small businesses and farmers, it creates 

more choices among suppliers and major buyers, leading to more takehome income, which they can reinvest in their enterprises. For entrepreneurs, 

it provides space to experiment, innovate, and pursue the new ideas that 

have for centuries powered the American economy and improved our quality 

of life. And for consumers, it means more choices, better service, and lower 

prices. 

Robust competition is critical to preserving America’s role as the world’s 

leading economy. 

Yet over the last several decades, as industries have consolidated, competition 

has weakened in too many markets, denying Americans the benefits of 

an open economy and widening racial, income, and wealth inequality. Federal Government inaction has contributed to these problems, with workers, 

farmers, small businesses, and consumers paying the price. 

Consolidation has increased the power of corporate employers, making it 

harder for workers to bargain for higher wages and better work conditions. 

Powerful companies require workers to sign non-compete agreements that 

restrict their ability to change jobs. And, while many occupational licenses 

are critical to increasing wages for workers and especially workers of color, 

some overly restrictive occupational licensing requirements can impede workers’ ability to find jobs and to move between States. 

Consolidation in the agricultural industry is making it too hard for small 

family farms to survive. Farmers are squeezed between concentrated market 

power in the agricultural input industries—seed, fertilizer, feed, and equipment suppliers—and concentrated market power in the channels for selling 

agricultural products. As a result, farmers’ share of the value of their agricultural products has decreased, and poultry farmers, hog farmers, cattle ranchers, and other agricultural workers struggle to retain autonomy and to make 

sustainable returns. 

The American information technology sector has long been an engine of 

innovation and growth, but today a small number of dominant internet 

platforms use their power to exclude market entrants, to extract monopoly 

profits, and to gather intimate personal information that they can exploit 

for their own advantage. Too many small businesses across the economy 

depend on those platforms and a few online marketplaces for their survival. 

And too many local newspapers have shuttered or downsized, in part due 

to the internet platforms’ dominance in advertising markets. 


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Americans are paying too much for prescription drugs and healthcare services—far more than the prices paid in other countries. Hospital consolidation 

has left many areas, particularly rural communities, with inadequate or 

more expensive healthcare options. And too often, patent and other laws 

have been misused to inhibit or delay—for years and even decades—competition from generic drugs and biosimilars, denying Americans access to lowercost drugs. 

In the telecommunications sector, Americans likewise pay too much for 

broadband, cable television, and other communications services, in part 

because of a lack of adequate competition. In the financial-services sector, 

consumers pay steep and often hidden fees because of industry consolidation. 

Similarly, the global container shipping industry has consolidated into a 

small number of dominant foreign-owned lines and alliances, which can 

disadvantage American exporters. 

The problem of economic consolidation now spans these sectors and many 

others, endangering our ability to rebuild and emerge from the coronavirus 

disease 2019 (COVID–19) pandemic with a vibrant, innovative, and growing 

economy. Meanwhile, the United States faces new challenges to its economic 

standing in the world, including unfair competitive pressures from foreign 

monopolies and firms that are state-owned or state-sponsored, or whose 

market power is directly supported by foreign governments. 

We must act now to reverse these dangerous trends, which constrain the 

growth and dynamism of our economy, impair the creation of high-quality 

jobs, and threaten America’s economic standing in the world. 

This order affirms that it is the policy of my Administration to enforce 

the antitrust laws to combat the excessive concentration of industry, the 

abuses of market power, and the harmful effects of monopoly and monopsony—especially as these issues arise in labor markets, agricultural markets, 

Internet platform industries, healthcare markets (including insurance, hospital, and prescription drug markets), repair markets, and United States 

markets directly affected by foreign cartel activity. 

It is also the policy of my Administration to enforce the antitrust laws 

to meet the challenges posed by new industries and technologies, including 

the rise of the dominant Internet platforms, especially as they stem from 

serial mergers, the acquisition of nascent competitors, the aggregation of 

data, unfair competition in attention markets, the surveillance of users, 

and the presence of network effects. 

Whereas decades of industry consolidation have often led to excessive market 

concentration, this order reaffirms that the United States retains the authority 

to challenge transactions whose previous consummation was in violation 

of the Sherman Antitrust Act (26 Stat. 209, 15 U.S.C. 1 et seq.) (Sherman 

Act), the Clayton Antitrust Act (Public Law 63–212, 38 Stat. 730, 15 U.S.C. 

12 et seq.) (Clayton Act), or other laws. See 15 U.S.C. 18; Standard Oil 

Co. v. United States, 221 U.S. 1 (1911). 

This order reasserts as United States policy that the answer to the rising 

power of foreign monopolies and cartels is not the tolerance of domestic 

monopolization, but rather the promotion of competition and innovation 

by firms small and large, at home and worldwide. 

It is also the policy of my Administration to support aggressive legislative 

reforms that would lower prescription drug prices, including by allowing 

Medicare to negotiate drug prices, by imposing inflation caps, and through 

other related reforms. It is further the policy of my Administration to support 

the enactment of a public health insurance option. 

My Administration further reaffirms the policy stated in Executive Order 

13725 of April 15, 2016 (Steps to Increase Competition and Better Inform 

Consumers and Workers to Support Continued Growth of the American 

Economy), and the Federal Government’s commitment to the principles that 

led to the passage of the Sherman Act, the Clayton Act, the Packers and 


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Stockyards Act, 1921 (Public Law 67–51, 42 Stat. 159, 7 U.S.C. 181 et 

seq.) (Packers and Stockyards Act), the Celler-Kefauver Antimerger Act (Public Law 81–899, 64 Stat. 1125), the Bank Merger Act (Public Law 86– 

463, 74 Stat. 129, 12 U.S.C. 1828), and the Telecommunications Act of 

1996 (Public Law 104–104, 110 Stat. 56), among others. 

Sec. 2. The Statutory Basis of a Whole-of-Government Competition Policy. 

(a) The antitrust laws, including the Sherman Act, the Clayton Act, and 

the Federal Trade Commission Act (Public Law 63–203, 38 Stat. 717, 15 

U.S.C. 41 et seq.), are a first line of defense against the monopolization 

of the American economy. 

(b) The antitrust laws reflect an underlying policy favoring competition 

that transcends those particular enactments. As the Supreme Court has stated, 

for instance, the Sherman Act ‘‘rests on the premise that the unrestrained 

interaction of competitive forces will yield the best allocation of our economic 

resources, the lowest prices, the highest quality and the greatest material 

progress, while at the same time providing an environment conducive to 

the preservation of our democratic political and social institutions.’’ Northern 

Pac. Ry. Co. v. United States, 356 U.S. 1, 4 (1958). 

(c) Consistent with these broader policies, and in addition to the traditional 

antitrust laws, the Congress has also enacted industry-specific fair competition and anti-monopolization laws that often provide additional protections. 

Such enactments include the Packers and Stockyards Act, the Federal Alcohol 

Administration Act (Public Law 74–401, 49 Stat. 977, 27 U.S.C. 201 et 

seq.), the Bank Merger Act, the Drug Price Competition and Patent Term 

Restoration Act of 1984 (Public Law 98–417, 98 Stat. 1585), the Shipping 

Act of 1984 (Public Law 98–237, 98 Stat. 67, 46 U.S.C. 40101 et seq.) 

(Shipping Act), the ICC Termination Act of 1995 (Public Law 104–88, 109 

Stat. 803), the Telecommunications Act of 1996, the Fairness to Contact 

Lens Consumers Act (Public Law 108–164, 117 Stat. 2024, 15 U.S.C. 7601 

et seq.), and the Dodd-Frank Wall Street Reform and Consumer Protection 

Act (Public Law 111–203, 124 Stat. 1376) (Dodd-Frank Act). 

(d) These statutes independently charge a number of executive departments 

and agencies (agencies) to protect conditions of fair competition in one 

or more ways, including by: 

(i) policing unfair, deceptive, and abusive business practices; 

(ii) resisting consolidation and promoting competition within industries 

through the independent oversight of mergers, acquisitions, and joint ventures; 

(iii) promulgating rules that promote competition, including the market 

entry of new competitors; and 

(iv) promoting market transparency through compelled disclosure of information. 

(e) The agencies that administer such or similar authorities include the 

Department of the Treasury, the Department of Agriculture, the Department 

of Health and Human Services, the Department of Transportation, the Federal 

Reserve System, the Federal Trade Commission (FTC), the Securities and 

Exchange Commission, the Federal Deposit Insurance Corporation, the Federal Communications Commission, the Federal Maritime Commission, the 

Commodity Futures Trading Commission, the Federal Energy Regulatory 

Commission, the Consumer Financial Protection Bureau, and the Surface 

Transportation Board. 

(f) Agencies can influence the conditions of competition through their 

exercise of regulatory authority or through the procurement process. See 

41 U.S.C. 1705. 

(g) This order recognizes that a whole-of-government approach is necessary 

to address overconcentration, monopolization, and unfair competition in 

the American economy. Such an approach is supported by existing statutory 

mandates. Agencies can and should further the polices set forth in section 


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1 of this order by, among other things, adopting pro-competitive regulations 

and approaches to procurement and spending, and by rescinding regulations 

that create unnecessary barriers to entry that stifle competition. 

Sec. 3. Agency Cooperation in Oversight, Investigation, and Remedies. (a) 

The Congress frequently has created overlapping agency jurisdiction in the 

policing of anticompetitive conduct and the oversight of mergers. It is the 

policy of my Administration that, when agencies have overlapping jurisdiction, they should endeavor to cooperate fully in the exercise of their oversight 

authority, to benefit from the respective expertise of the agencies and to 

improve Government efficiency. 

(b) Where there is overlapping jurisdiction over particular cases, conduct, 

transactions, or industries, agencies are encouraged to coordinate their efforts, 

as appropriate and consistent with applicable law, with respect to: 

(i) the investigation of conduct potentially harmful to competition; 

(ii) the oversight of proposed mergers, acquisitions, and joint ventures; 

and 

(iii) the design, execution, and oversight of remedies. 

(c) The means of cooperation in cases of overlapping jurisdiction should 

include, as appropriate and consistent with applicable law: 

(i) sharing relevant information and industry data; 

(ii) in the case of major transactions, soliciting and giving significant 

consideration to the views of the Attorney General or the Chair of the 

FTC, as applicable; and 

(iii) cooperating with any concurrent Department of Justice or FTC oversight activities under the Sherman Act or Clayton Act. 

(d) Nothing in subsections (a) through (c) of this section shall be construed 

to suggest that the statutory standard applied by an agency, or its independent 

assessment under that standard, should be displaced or substituted by the 

judgment of the Attorney General or the Chair of the FTC. When their 

views are solicited, the Attorney General and the Chair of the FTC are 

encouraged to provide a response to the agency in time for the agency 

to consider it in advance of any statutory deadline for agency action. 

Sec. 4. The White House Competition Council. (a) There is established 

a White House Competition Council (Council) within the Executive Office 

of the President. 

(b) The Council shall coordinate, promote, and advance Federal Government efforts to address overconcentration, monopolization, and unfair competition in or directly affecting the American economy, including efforts 

to: 

(i) implement the administrative actions identified in this order; 

(ii) develop procedures and best practices for agency cooperation and 

coordination on matters of overlapping jurisdiction, as described in section 

3 of this order; 

(iii) identify and advance any additional administrative actions necessary 

to further the policies set forth in section 1 of this order; and 

(iv) identify any potential legislative changes necessary to further the 

policies set forth in section 1 of this order. 

(c) The Council shall work across agencies to provide a coordinated response to overconcentration, monopolization, and unfair competition in or 

directly affecting the American economy. The Council shall also work with 

each agency to ensure that agency operations are conducted in a manner 

that promotes fair competition, as appropriate and consistent with applicable 

law. 

(d) The Council shall not discuss any current or anticipated enforcement 

actions. 


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(e) The Council shall be led by the Assistant to the President for Economic 

Policy and Director of the National Economic Council, who shall serve 

as Chair of the Council. 

(f) In addition to the Chair, the Council shall consist of the following 

members: 

(i) the Secretary of the Treasury; 

(ii) the Secretary of Defense; 

(iii) the Attorney General; 

(iv) the Secretary of Agriculture; 

(v) the Secretary of Commerce; 

(vi) the Secretary of Labor; 

(vii) the Secretary of Health and Human Services; 

(viii) the Secretary of Transportation; 

(ix) the Administrator of the Office of Information and Regulatory Affairs; 

and 

(x) the heads of such other agencies and offices as the Chair may from 

time to time invite to participate. 

(g) The Chair shall invite the participation of the Chair of the FTC, 

the Chair of the Federal Communications Commission, the Chair of the 

Federal Maritime Commission, the Director of the Consumer Financial Protection Bureau, and the Chair of the Surface Transportation Board, to the 

extent consistent with their respective statutory authorities and obligations. 

(h) Members of the Council shall designate, not later than 30 days after 

the date of this order, a senior official within their respective agency or 

office who shall coordinate with the Council and who shall be responsible 

for overseeing the agency’s or office’s efforts to address overconcentration, 

monopolization, and unfair competition. The Chair may coordinate subgroups 

consisting exclusively of Council members or their designees, as appropriate. 

(i) The Council shall meet on a semi-annual basis unless the Chair determines that a meeting is unnecessary. 

(j) Each agency shall bear its own expenses for participating in the Council. 

Sec. 5. Further Agency Responsibilities. (a) The heads of all agencies shall 

consider using their authorities to further the policies set forth in section 

1 of this order, with particular attention to: 

(i) the influence of any of their respective regulations, particularly any 

licensing regulations, on concentration and competition in the industries 

under their jurisdiction; and 

(ii) the potential for their procurement or other spending to improve 

the competitiveness of small businesses and businesses with fair labor 

practices. 

(b) The Attorney General, the Chair of the FTC, and the heads of other 

agencies with authority to enforce the Clayton Act are encouraged to enforce 

the antitrust laws fairly and vigorously. 

(c) To address the consolidation of industry in many markets across the 

economy, as described in section 1 of this order, the Attorney General 

and the Chair of the FTC are encouraged to review the horizontal and 

vertical merger guidelines and consider whether to revise those guidelines. 

(d) To avoid the potential for anticompetitive extension of market power 

beyond the scope of granted patents, and to protect standard-setting processes 

from abuse, the Attorney General and the Secretary of Commerce are encouraged to consider whether to revise their position on the intersection of 

the intellectual property and antitrust laws, including by considering whether 

to revise the Policy Statement on Remedies for Standards-Essential Patents 

Subject to Voluntary F/RAND Commitments issued jointly by the Department 


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of Justice, the United States Patent and Trademark Office, and the National 

Institute of Standards and Technology on December 19, 2019. 

(e) To ensure Americans have choices among financial institutions and 

to guard against excessive market power, the Attorney General, in consultation with the Chairman of the Board of Governors of the Federal Reserve 

System, the Chairperson of the Board of Directors of the Federal Deposit 

Insurance Corporation, and the Comptroller of the Currency, is encouraged 

to review current practices and adopt a plan, not later than 180 days after 

the date of this order, for the revitalization of merger oversight under the 

Bank Merger Act and the Bank Holding Company Act of 1956 (Public 

Law 84–511, 70 Stat. 133, 12 U.S.C. 1841 et seq.) that is in accordance 

with the factors enumerated in 12 U.S.C. 1828(c) and 1842(c). 

(f) To better protect workers from wage collusion, the Attorney General 

and the Chair of the FTC are encouraged to consider whether to revise 

the Antitrust Guidance for Human Resource Professionals of October 2016. 

(g) To address agreements that may unduly limit workers’ ability to change 

jobs, the Chair of the FTC is encouraged to consider working with the 

rest of the Commission to exercise the FTC’s statutory rulemaking authority 

under the Federal Trade Commission Act to curtail the unfair use of noncompete clauses and other clauses or agreements that may unfairly limit 

worker mobility. 

(h) To address persistent and recurrent practices that inhibit competition, 

the Chair of the FTC, in the Chair’s discretion, is also encouraged to consider 

working with the rest of the Commission to exercise the FTC’s statutory 

rulemaking authority, as appropriate and consistent with applicable law, 

in areas such as: 

(i) unfair data collection and surveillance practices that may damage competition, consumer autonomy, and consumer privacy; 

(ii) unfair anticompetitive restrictions on third-party repair or self-repair 

of items, such as the restrictions imposed by powerful manufacturers 

that prevent farmers from repairing their own equipment; 

(iii) unfair anticompetitive conduct or agreements in the prescription drug 

industries, such as agreements to delay the market entry of generic drugs 

or biosimilars; 

(iv) unfair competition in major Internet marketplaces; 

(v) unfair occupational licensing restrictions; 

(vi) unfair tying practices or exclusionary practices in the brokerage or 

listing of real estate; and 

(vii) any other unfair industry-specific practices that substantially inhibit 

competition. 

(i) The Secretary of Agriculture shall: 

(i) to address the unfair treatment of farmers and improve conditions 

of competition in the markets for their products, consider initiating a 

rulemaking or rulemakings under the Packers and Stockyards Act to 

strengthen the Department of Agriculture’s regulations concerning unfair, 

unjustly discriminatory, or deceptive practices and undue or unreasonable 

preferences, advantages, prejudices, or disadvantages, with the purpose 

of furthering the vigorous implementation of the law established by the 

Congress in 1921 and fortified by amendments. In such rulemaking or 

rulemakings, the Secretary of Agriculture shall consider, among other 

things: 

(A) providing clear rules that identify recurrent practices in the livestock, 

meat, and poultry industries that are unfair, unjustly discriminatory, or 

deceptive and therefore violate the Packers and Stockyards Act; 

(B) reinforcing the long-standing Department of Agriculture interpretation 

that it is unnecessary under the Packers and Stockyards Act to demonstrate 


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industry-wide harm to establish a violation of the Act and that the ‘‘unfair, 

unjustly discriminatory, or deceptive’’ treatment of one farmer, the giving 

to one farmer of an ‘‘undue or unreasonable preference or advantage,’’ 

or the subjection of one farmer to an ‘‘undue or unreasonable prejudice 

or disadvantage in any respect’’ violates the Act; 

(C) prohibiting unfair practices related to grower ranking systems—systems in which the poultry companies, contractors, or dealers exercise 

extraordinary control over numerous inputs that determine the amount 

farmers are paid and require farmers to assume the risk of factors outside 

their control, leaving them more economically vulnerable; 

(D) updating the appropriate definitions or set of criteria, or application 

thereof, for undue or unreasonable preferences, advantages, prejudices, 

or disadvantages under the Packers and Stockyards Act; and 

(E) adopting, to the greatest extent possible and as appropriate and 

consistent with applicable law, appropriate anti-retaliation protections, 

so that farmers may assert their rights without fear of retribution; 

(ii) to ensure consumers have accurate, transparent labels that enable 

them to choose products made in the United States, consider initiating 

a rulemaking to define the conditions under which the labeling of meat 

products can bear voluntary statements indicating that the product is 

of United States origin, such as ‘‘Product of USA’’; 

(iii) to ensure that farmers have greater opportunities to access markets 

and receive a fair return for their products, not later than 180 days after 

the date of this order, submit a report to the Chair of the White House 

Competition Council, with a plan to promote competition in the agricultural industries and to support value-added agriculture and alternative 

food distribution systems through such means as: 

(A) the creation or expansion of useful information for farmers, such 

as model contracts, to lower transaction costs and help farmers negotiate 

fair deals; 

(B) measures to encourage improvements in transparency and standards 

so that consumers may choose to purchase products that support fair 

treatment of farmers and agricultural workers and sustainable agricultural 

practices; 

(C) measures to enhance price discovery, increase transparency, and 

improve the functioning of the cattle and other livestock markets; 

(D) enhanced tools, including any new legislative authorities needed, 

to protect whistleblowers, monitor agricultural markets, and enforce relevant laws; 

(E) any investments or other support that could bolster competition 

within highly concentrated agricultural markets; and 

(F) any other means that the Secretary of Agriculture deems appropriate; 

(iv) to improve farmers’ and smaller food processors’ access to retail 

markets, not later than 300 days after the date of this order, in consultation 

with the Chair of the FTC, submit a report to the Chair of the White 

House Competition Council, on the effect of retail concentration and retailers’ practices on the conditions of competition in the food industries, 

including any practices that may violate the Federal Trade Commission 

Act, the Robinson-Patman Act (Public Law 74–692, 49 Stat. 1526, 15 

U.S.C. 13 et seq.), or other relevant laws, and on grants, loans, and other 

support that may enhance access to retail markets by local and regional 

food enterprises; and 

(v) to help ensure that the intellectual property system, while incentivizing 

innovation, does not also unnecessarily reduce competition in seed and 

other input markets beyond that reasonably contemplated by the Patent 

Act (see 35 U.S.C. 100 et seq. and 7 U.S.C. 2321 et seq.), in consultation 


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with the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, submit a report 

to the Chair of the White House Competition Council, enumerating and 

describing any relevant concerns of the Department of Agriculture and 

strategies for addressing those concerns across intellectual property, antitrust, and other relevant laws. 

(j) To protect the vibrancy of the American markets for beer, wine, and 

spirits, and to improve market access for smaller, independent, and new 

operations, the Secretary of the Treasury, in consultation with the Attorney 

General and the Chair of the FTC, not later than 120 days after the date 

of this order, shall submit a report to the Chair of 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, including: 

(i) any unlawful trade practices in the beer, wine, and spirits markets, 

such as certain exclusionary, discriminatory, or anticompetitive distribution practices, that hinder smaller and independent businesses or new 

entrants from distributing their products; 

(ii) patterns of consolidation in production, distribution, or retail beer, 

wine, and spirits markets; and 

(iii) any unnecessary trade practice regulations of matters such as bottle 

sizes, permitting, or labeling that may unnecessarily inhibit competition 

by increasing costs without serving any public health, informational, or 

tax purpose. 

(k) To follow up on the foregoing assessment, the Secretary of the Treasury, 

through the Administrator of the Alcohol and Tobacco Tax and Trade Bureau, 

shall, not later than 240 days after the date of this order, consider: 

(i) initiating a rulemaking to update the Alcohol and Tobacco Tax and 

Trade Bureau’s trade practice regulations; 

(ii) rescinding or revising any regulations of the beer, wine, and spirits 

industries that may unnecessarily inhibit competition; and 

(iii) reducing any barriers that impede market access for smaller and 

independent brewers, winemakers, and distilleries. 

(l) To promote competition, lower prices, and a vibrant and innovative 

telecommunications ecosystem, the Chair of the Federal Communications 

Commission is encouraged to work with the rest of the Commission, as 

appropriate and consistent with applicable law, to consider: 

(i) adopting through appropriate rulemaking ‘‘Net Neutrality’’ rules similar 

to those previously adopted under title II of the Communications Act 

of 1934 (Public Law 73–416, 48 Stat. 1064, 47 U.S.C. 151 et seq.), as 

amended by the Telecommunications Act of 1996, in ‘‘Protecting and 

Promoting the Open internet,’’ 80 Fed.Reg. 19738 (Apr. 13, 2015); 

(ii) conducting future spectrum auctions under rules that are designed 

to help avoid excessive concentration of spectrum license holdings in 

the United States, so as to prevent spectrum stockpiling, warehousing 

of spectrum by licensees, or the creation of barriers to entry, and to 

improve the conditions of competition in industries that depend upon 

radio spectrum, including mobile communications and radio-based 

broadband services; 

(iii) providing support for the continued development and adoption of 

5G Open Radio Access Network (O-RAN) protocols and software, continuing to attend meetings of voluntary and consensus-based standards 

development organizations, so as to promote or encourage a fair and 

representative standard-setting process, and undertaking any other measures that might promote increased openness, innovation, and competition 

in the markets for 5G equipment; 

(iv) prohibiting unjust or unreasonable early termination fees for enduser communications contracts, enabling consumers to more easily switch 

providers; 


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(v) initiating a rulemaking that requires broadband service providers to 

display a broadband consumer label, such as that as described in the 

Public Notice of the Commission issued on April 4, 2016 (DA 16–357), 

so as to give consumers clear, concise, and accurate information regarding 

provider prices and fees, performance, and network practices; 

(vi) initiating a rulemaking to require broadband service providers to regularly report broadband price and subscription rates to the Federal Communications Commission for the purpose of disseminating that information 

to the public in a useful manner, to improve price transparency and 

market functioning; and 

(vii) initiating a rulemaking to prevent landlords and cable and Internet 

service providers from inhibiting tenants’ choices among providers. 

(m) The Secretary of Transportation shall: 

(i) to better protect consumers and improve competition, and as appropriate 

and consistent with applicable law: 

(A) not later than 30 days after the date of this order, 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 with respect to the evaluation of aviation 

consumer protection programs and convene a meeting of the Committee 

as soon as practicable; 

(B) promote enhanced transparency and consumer safeguards, as appropriate and consistent with applicable law, including through potential 

rulemaking, enforcement actions, or guidance documents, with the aims 

of: 

(1) enhancing consumer access to airline flight information so that 

consumers can more easily find a broader set of available flights, including by new or lesser known airlines; and 

(2) ensuring that consumers are not exposed or subject to advertising, 

marketing, pricing, and charging of ancillary fees that may constitute 

an unfair or deceptive practice or an unfair method of competition; 

(C) not later than 45 days after the date of this order, submit a report 

to the Chair of the White House Competition Council, on the progress 

of the Department of Transportation’s investigatory and enforcement activities to address the failure of airlines to provide timely refunds for flights 

cancelled as a result of the COVID–19 pandemic; 

(D) not later than 45 days after the date of this order, publish for 

notice and comment 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; 

(E) not later than 60 days after the date of this order, start development 

of proposed amendments to the Department of Transportation’s definitions 

of ‘‘unfair’’ and ‘‘deceptive’’ in 49 U.S.C. 41712; and 

(F) not later than 90 days after the date of this order, consider initiating 

a rulemaking to ensure that consumers have ancillary fee information, 

including ‘‘baggage fees,’’ ‘‘change fees,’’ and ‘‘cancellation fees,’’ at the 

time of ticket purchase; 

(ii) to provide consumers with more flight options at better prices and 

with improved service, and to extend opportunities for competition and 

market entry as the industry evolves: 

(A) not later than 30 days after the date of this order, convene a working 

group within the Department of Transportation to evaluate the effectiveness 

of existing commercial aviation programs, consumer protections, and rules 

of the Federal Aviation Administration; 

(B) consult with the Attorney General regarding means of enhancing 

effective coordination between the Department of Justice and the Department of Transportation to ensure competition in air transportation and 

the ability of new entrants to gain access; and 


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(C) consider measures to support airport development and increased 

capacity and improve airport congestion management, gate access, implementation of airport competition plans pursuant to 49 U.S.C. 47106(f), 

and ‘‘slot’’ administration; 

(iii) given the emergence of new aerospace-based transportation technologies, such as low-altitude unmanned aircraft system deliveries, advanced air mobility, and high-altitude long endurance operations, that 

have great potential for American travelers and consumers, yet also the 

danger of early monopolization or new air traffic control problems, ensure 

that the Department of Transportation takes action with respect to these 

technologies to: 

(A) facilitate innovation that fosters United States market leadership 

and market entry to promote competition and economic opportunity and 

to resist monopolization, while also ensuring safety, providing security 

and privacy, protecting the environment, and promoting equity; and 

(B) provide vigilant oversight over market participants. 

(n) To further competition in the rail industry and to provide accessible 

remedies for shippers, the Chair of the Surface Transportation Board (Chair) 

is encouraged to work with the rest of the Board to: 

(i) consider commencing or continuing a rulemaking to strengthen regulations pertaining to reciprocal switching agreements pursuant to 49 U.S.C. 

11102(c), if the Chair determines such rulemaking to be in the public 

interest or necessary to provide competitive rail service; 

(ii) consider rulemakings pertaining to any other relevant matter of competitive access, including bottleneck rates, interchange commitments, or other 

matters, consistent with the policies set forth in section 1 of this order; 

(iii) to ensure that passenger rail service is not subject to unwarranted 

delays and interruptions in service due to host railroads’ failure to comply 

with the required preference for passenger rail, vigorously enforce new 

on-time performance requirements adopted pursuant to the Passenger Rail 

Investment and Improvement Act of 2008 (Public Law 110–423, 122 Stat. 

4907) that will take effect on July 1, 2021, and further the work of 

the passenger rail working group formed to ensure that the Surface Transportation Board will fully meet its obligations; and 

(iv) in the process of determining whether a merger, acquisition, or other 

transaction involving rail carriers is consistent with the public interest 

under 49 U.S.C. 11323–25, consider a carrier’s fulfillment of its responsibilities under 49 U.S.C. 24308 (relating to Amtrak’s statutory rights). 

(o) The Chair of the Federal Maritime Commission is encouraged to work 

with the rest of the Commission to: 

(i) vigorously enforce the prohibition of unjust and unreasonable practices 

in the context of detention and demurrage pursuant to the Shipping Act, 

as clarified in ‘‘Interpretive Rule on Demurrage and Detention Under the 

Shipping Act,’’ 85 Fef. Reg. 29638 (May 18, 2020); 

(ii) request from the National Shipper Advisory Committee recommendations for improving detention and demurrage practices and enforcement 

of related Shipping Act prohibitions; and 

(iii) consider further rulemaking to improve detention and demurrage practices and enforcement of related Shipping Act prohibitions. 

(p) The Secretary of Health and Human Services shall: 

(i) to promote the wide availability of low-cost hearing aids, not later 

than 120 days after the date of this order, publish for notice and comment 

a proposed rule on over-the-counter hearing-aids, as called for by section 

709 of the FDA Reauthorization Act of 2017 (Public Law 115–52, 131 

Stat. 1005); 

(ii) support existing price transparency initiatives for hospitals, other providers, and insurers along with any new price transparency initiatives 


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or changes made necessary by the No Surprises Act (Public Law 116– 

260, 134 Stat. 2758) or any other statutes; 

(iii) to ensure that Americans can choose health insurance plans that 

meet their needs and compare plan offerings, implement standardized 

options in the national Health Insurance Marketplace and any other appropriate mechanisms to improve competition and consumer choice; 

(iv) not later than 45 days after the date of this order, submit a report 

to the Assistant to the President for Domestic Policy and Director of 

the Domestic Policy Council and to the Chair of the White House Competition Council, with a plan to continue the effort to combat excessive 

pricing of prescription drugs and enhance domestic pharmaceutical supply 

chains, to reduce the prices paid by the Federal Government for such 

drugs, and to address the recurrent problem of price gouging; 

(v) to lower the prices of and improve access to prescription drugs and 

biologics, continue to promote generic drug and biosimilar competition, 

as contemplated by the Drug Competition Action Plan of 2017 and Biosimilar Action Plan of 2018 of the Food and Drug Administration (FDA), 

including by: 

(A) continuing to clarify and improve the approval framework for generic 

drugs and biosimilars to make generic drug and biosimilar approval more 

transparent, efficient, and predictable, including improving and clarifying 

the standards for interchangeability of biological products; 

(B) as authorized by the Advancing Education on Biosimilars Act of 

2021 (Public Law 117–8, 135 Stat. 254, 42 U.S.C. 263–1), supporting 

biosimilar product adoption by providing effective educational materials 

and communications to improve understanding of biosimilar and interchangeable products among healthcare providers, patients, and caregivers; 

(C) to facilitate the development and approval of biosimilar and interchangeable products, continuing to update the FDA’s biologics regulations 

to clarify existing requirements and procedures related to the review and 

submission of Biologics License Applications by advancing the ‘‘Biologics 

Regulation Modernization’’ rulemaking (RIN 0910–AI14); and 

(D) with the Chair of the FTC, identifying and addressing any efforts 

to impede generic drug and biosimilar competition, including but not 

limited to false, misleading, or otherwise deceptive statements about generic drug and biosimilar products and their safety or effectiveness; 

(vi) to help ensure that the patent system, while incentivizing innovation, 

does not also unjustifiably delay generic drug and biosimilar competition 

beyond that reasonably contemplated by applicable law, not later than 

45 days after the date of this order, through the Commissioner of Food 

and Drugs, write a letter to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark 

Office enumerating and describing any relevant concerns of the FDA; 

(vii) to support the market entry of lower-cost generic drugs and 

biosimilars, continue the implementation of the law widely known as 

the CREATES Act of 2019 (Public Law 116–94, 133 Stat. 3130), by: 

(A) promptly issuing Covered Product Authorizations (CPAs) to assist 

product developers with obtaining brand-drug samples; and 

(B) issuing guidance to provide additional information for industry about 

CPAs; and 

(viii) through the Administrator of the Centers for Medicare and Medicaid 

Services, prepare for Medicare and Medicaid coverage of interchangeable 

biological products, and for payment models to support increased utilization of generic drugs and biosimilars. 

(q) To reduce the cost of covered products to the American consumer 

without imposing additional risk to public health and safety, the Commissioner of Food and Drugs shall work with States and Indian Tribes that 


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propose to develop section 804 Importation Programs in accordance with 

the Medicare Prescription Drug, Improvement, and Modernization Act of 

2003 (Public Law 108–173, 117 Stat. 2066), and the FDA’s implementing 

regulations. 

(r) The Secretary of Commerce shall: 

(i) acting through the Director of the National Institute of Standards and 

Technology (NIST), consider initiating a rulemaking to require agencies 

to report to NIST, on an annual basis, their contractors’ utilization activities, as reported to the agencies under 35 U.S.C. 202(c)(5); 

(ii) acting through the Director of NIST, consistent with the policies set 

forth in section 1 of this order, consider not finalizing any provisions 

on march-in rights and product pricing in the proposed rule ‘‘Rights 

to Federally Funded Inventions and Licensing of Government Owned Inventions,’’ 86 Fed. Reg. 35 (Jan. 4, 2021); and 

(iii) not later than 1 year after the date of this order, in consultation 

with the Attorney General and the Chair of the Federal Trade Commission, 

conduct a study, including by conducting an open and transparent stakeholder consultation process, of the mobile application ecosystem, and 

submit a report to the Chair of the White House Competition Council, 

regarding findings and recommendations for improving competition, reducing barriers to entry, and maximizing user benefit with respect to the 

ecosystem. 

(s) The Secretary of Defense shall: 

(i) ensure that the Department of Defense’s assessment of the economic 

forces and structures shaping the capacity of the national security innovation base pursuant to section 889(a) and (b) of the William M. (Mac) 

Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public 

Law 116–283, 134 Stat. 3388) is consistent with the policy set forth 

in section 1 of this order; 

(ii) not later than 180 days after the date of this order, submit to the 

Chair of the White House Competition Council, a review of the state 

of competition within the defense industrial base, including areas where 

a lack of competition may be of concern and any recommendations for 

improving the solicitation process, consistent with the goal of the Competition in Contracting Act of 1984 (Public Law 98–369, 98 Stat. 1175); and 

(iii) not later than 180 days after the date of this order, submit a report 

to the Chair of the White House Competition Council, on a plan for 

avoiding contract terms in procurement agreements that make it challenging 

or impossible for the Department of Defense or service members to repair 

their own equipment, particularly in the field. 

(t) The Director of the Consumer Financial Protection Bureau, consistent 

with the pro-competition objectives stated in section 1021 of the DoddFrank Act, is encouraged to consider: 

(i) commencing or continuing a rulemaking under section 1033 of the 

Dodd-Frank Act to facilitate the portability of consumer financial transaction data so consumers can more easily switch financial institutions 

and use new, innovative financial products; and 

(ii) enforcing the prohibition on unfair, deceptive, or abusive acts or 

practices in consumer financial products or services pursuant to section 

1031 of the Dodd-Frank Act so as to ensure that actors engaged in unlawful 

activities do not distort the proper functioning of the competitive process 

or obtain an unfair advantage over competitors who follow the law. 

(u) The Director of the Office of Management and Budget, through the 

Administrator of the Office of Information and Regulatory Affairs, shall 

incorporate into its recommendations for modernizing and improving regulatory review required by my Memorandum of January 20, 2021 (Modernizing 

Regulatory Review), the policies set forth in section 1 of this order, including 

consideration of whether the effects on competition and the potential for 

creation of barriers to entry should be included in regulatory impact analyses. 


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(v) The Secretary of the Treasury shall: 

(i) direct the Office of Economic Policy, in consultation with the Attorney 

General, the Secretary of Labor, and the Chair of the FTC, to submit 

a report to the Chair of the White House Competition Council, not later 

than 180 days after the date of this order, on the effects of lack of 

competition on labor markets; and 

(ii) submit a report to the Chair of the White House Competition Council, 

not later than 270 days after the date of this order, assessing the effects 

on competition of large technology firms’ and other non-bank companies’ 

entry into consumer finance markets. 

Sec. 6. General Provisions. (a) This order shall be implemented consistent 

with applicable law and subject to the availability of appropriations. 

(b) Where not already specified, independent agencies are encouraged 

to comply with the requirements of this order. 

(c) Nothing in this order shall be construed to impair or otherwise affect: 

(i) the authority granted by law to an executive department or agency, 

or the head thereof; or 

(ii) the functions of the Director of the Office of Management and Budget 

relating to budgetary, administrative, or legislative proposals. 

(d) This order is not intended to, and does not, create any right or 

benefit, substantive or procedural, enforceable at law or in equity by any 

party against the United States, its departments, agencies, or entities, its 

officers, employees, or agents, or any other person. 

THE WHITE HOUSE, 

July 9, 2021. 

[FR Doc. 2021–15069 

Filed 7–13–21; 8:45 am] 

Billing code 3295–F1–P 


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