Timeline: Executive Order on Promoting Competition in the American Economy – Updated January 5, 2022

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 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
• 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

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
• 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
• 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

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

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

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
• 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

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
• 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
• 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)
• 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

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)

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

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

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