Promoting Competition (E.O. 14036)

Summary

Directs government agencies to take action against large companies to increase fairness, lower prices, and create more jobs for Americans.

What problem does this solve?

For decades, a few large companies have taken over many industries, leading to higher prices, lower wages, and fewer choices for people. This order uses the full power of the government to challenge these powerful companies and make the economy fairer for everyone.

What does this order do?

Establishes the White House Competition Council

Creates a new council within the White House to lead a whole-of-government effort to promote competition, address monopolies, and coordinate actions between different federal agencies.

Restricts non-compete agreements for workers

Encourages the Federal Trade Commission (FTC) to create rules that limit the unfair use of non-compete clauses, making it easier for workers to switch jobs for better pay and opportunities.

Lowers prices for hearing aids and prescription drugs

Directs the Department of Health and Human Services to issue rules for selling hearing aids over-the-counter and to take steps to lower prescription drug prices by promoting generic and biosimilar competition.

Promotes net neutrality rules

Encourages the Federal Communications Commission (FCC) to bring back 'Net Neutrality' rules, which would ensure that internet service providers treat all online content fairly without slowing down or blocking certain websites.

Strengthens protections for farmers

Directs the Secretary of Agriculture to create new rules under the Packers and Stockyards Act to protect farmers from unfair and deceptive practices by large meat processing companies.

Increases oversight of bank mergers

Encourages the Attorney General and banking regulators to review and strengthen the oversight of bank mergers to prevent excessive market power and ensure consumers have choices among financial institutions.

Requires airlines to refund fees

Directs the Department of Transportation to create rules requiring airlines to refund baggage fees for delayed luggage and other fees for services that were not provided to the passenger.

Addresses unfair practices by internet platforms

Encourages the FTC to establish rules against unfair data collection and surveillance practices by major internet companies that can harm competition and consumer privacy.

Protects the right to repair equipment

Encourages the FTC to issue rules against anticompetitive restrictions that prevent people and small businesses from repairing their own equipment, from farm tractors to smartphones.

Who does this affect?

American consumers
American workers
Small businesses and farmers

What is the real world impact?

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Lowers costs for families

Aims to reduce prices for everyday people by tackling unfair practices in industries like healthcare, technology, and agriculture. This includes making hearing aids available over-the-counter and pushing for lower prescription drug prices.

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Increases wages and job opportunities

Helps workers by limiting the use of non-compete agreements, which can stop them from taking better jobs at other companies. More competition among employers can lead to higher pay and better working conditions.

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Supports small businesses and farmers

Creates a more level playing field for small businesses, entrepreneurs, and family farms to compete against large corporations. This helps them get a fair price for their products and services.

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Challenges the power of big tech

Takes on dominant internet companies by addressing their control over markets, their collection of personal data, and their power to shut out smaller competitors. This could lead to more choices and better privacy protections online.

When does this start?

This order takes effect immediately and sets multiple deadlines for federal agencies to propose new rules and report on their progress.

Airline consumer protection

Within 45 days (by August 23, 2021), the Department of Transportation must report on its efforts to get airlines to provide timely refunds for flights canceled during the COVID-19 pandemic.

Over-the-counter hearing aids

Within 120 days (by November 6, 2021), the Department of Health and Human Services must publish a proposed rule to make hearing aids available for purchase over-the-counter.

Competition in alcohol markets

Within 120 days (by November 6, 2021), the Secretary of the Treasury must submit a report on the state of competition in the beer, wine, and spirits markets.

Bank merger oversight

Within 180 days (by January 5, 2022), the Attorney General must adopt a plan to revitalize the oversight of bank mergers to guard against excessive market power.

Competition in agriculture

Within 180 days (by January 5, 2022), the Secretary of Agriculture must submit a plan to promote competition in agricultural industries and support alternative food distribution systems.