Justice Department Launches Task Force to Target Anticompetitive Regulations and Red Tape

The new initiative will attempt to identify and challenge laws and regulations that federal officials say restrict competition and harm consumers.

The crest of the Department of Justice at its headquarters in Washington on May 10, 2021. REUTERS/Andrew Kelly/File Photo/File Photo

The Department of Justice (DOJ) on March 27 announced the formation of a new Anticompetitive Regulations Task Force aimed at identifying and eliminating laws and regulations that hinder free market competition in the United States.

The task force, housed within the DOJ’s Antitrust Division, will focus on supporting efforts to remove what it calls “unnecessary regulatory barriers” imposed by state and federal governments that harm consumers, workers, and small businesses. The department will also solicit public input over a 60-day period, the department stated in the announcement.

“Realizing President Trump’s economic Golden Age will require unwinding burdensome regulations that stifle free market competition,” Assistant Attorney General Abigail Slater, who leads the Antitrust Division, said. “This Antitrust Division will stand against harmful barriers to competition whether imposed by public regulators or private monopolists.”

The task force’s creation follows two executive orders signed by President Donald Trump in the first few weeks of his second term. Executive Order 14192, issued on Jan. 31, declared it the policy of the executive branch to reduce unnecessary regulatory burdens. Executive Order 14219, signed on Feb. 19, directed agencies to initiate a review of all regulations and identify those that impose undue burdens on small businesses or hinder private enterprise.

As part of its work, the task force will begin a public inquiry to collect information on laws and regulations that make it more difficult for businesses to compete, particularly in high-impact sectors such as housing, transportation, food and agriculture, health care, and energy, according to the announcement.

In the area of housing, the department cited rising costs and regulatory obstacles to building and homeownership. In transportation, it pointed to antitrust immunities and monopolistic structures that raise prices for consumers.

Officials also said grocery prices rose by 27 percent during the previous administration, and argued that removing anticompetitive rules could ease pressure on families. They also noted that health care regulations can encourage consolidation and overbilling, while energy regulations may prevent innovation and raise utility costs.

The public can submit comments to Regulations.gov through May 26. The DOJ stated that it welcomes input from consumers, businesses, advocacy groups, and others affected by such laws and regulations.

The task force will also coordinate with state and federal agencies and continue the Antitrust Division’s past work advocating competition in regulatory processes, the announcement stated. That includes filing amicus briefs, submitting comments on proposed legislation, and providing technical guidance to agencies evaluating regulatory impact.

The DOJ released a report in 2018 detailing how certain regulations can harm competition and has since submitted comments in support of deregulatory action in sectors such as energy and licensing.

The Anticompetitive Regulations Task Force will build on those efforts, according to the DOJ, with the goal of enhancing economic opportunity through competition.

The division stated that it would continue to oppose regulations that restrict market entry, shield incumbents, or otherwise reduce consumer choice and innovation.