Recently, President Biden signed a sprawling executive order entitled “Promoting Competition in the American Economy.”
The executive order is premised on the notions: (1) that America lacks competition under current laws and regulations; and (2) that the executive order can lead to new regulations that will enhance competition. Among other things, the order calls for retrospective merger review, new Federal Trade Commission Section 5 rulemakings, and “greater scrutiny of mergers, especially by dominant [I]nternet platforms.” The order addresses so-called “right to repair” issues and seeks to limit occupational licensing restrictions. It also revives the tech policy debate that will never die—“net neutrality”—by calling on the Federal Communications Commission to restore Obama-era Title II regulation of broadband providers.
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