FTC Submits Recommendations on Cutting Anticompetitive Regulations

Key Takeaways

• FTC Report: Chairman Andrew N. Ferguson submitted recommendations to the OMB on September 17.
• Executive Order Basis: The report responds to President Trump’s order to identify anticompetitive regulatory barriers.
• Example Regulations: Recommendations include rules from the Department of Transportation, Department of Education, Consumer Product Safety Commission, and Forest Service.

Deep Dive

The Federal Trade Commission (FTC) Chairman Andrew N. Ferguson recently submitted a report to the White House Office of Management and Budget (OMB) recommending the deletion or revision of certain federal regulations identified as anticompetitive.

The report was prepared in response to President Trump’s Executive Order on Reducing Anticompetitive Regulatory Barriers, which directed the FTC to identify rules that may exclude new market entrants, protect incumbent firms, or otherwise limit competition.

According to the FTC, the recommendations include examples across several federal agencies:

• Department of Transportation regulations that give contracting preference to businesses owned by “socially and economically disadvantaged individuals.”
• Department of Education rules allowing colleges and universities to include the cost of textbooks and supplies in tuition.
• Proposed Consumer Product Safety Commission regulations requiring table saws to use patented finger-detection technology.
• A Forest Service handbook setting eligibility requirements for ranchers.

FTC Bureau of Competition Director Daniel Guarnera said the agency’s engagement with the public and other federal agencies underscored the need to scrutinize regulations that could affect competition.

The recommendations are now under review by the OMB. The FTC stated it will continue to coordinate with OMB and other agencies on potential rescissions or revisions.

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