81 FR 23417 - Steps to Increase Competition and Better Inform Consumers and Workers to Support Continued Growth of the American Economy

Executive Office of the President

Federal Register Volume 81, Issue 76 (April 20, 2016)

[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Presidential Documents]
[Pages 23417-23419]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09346]




                        Presidential Documents 



Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / 
Presidential Documents

[[Page 23417]]


                Executive Order 13725 of April 15, 2016

                
Steps to Increase Competition and Better Inform 
                Consumers and Workers to Support Continued Growth of 
                the American Economy

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to protect American consumers and 
                workers and encourage competition in the U.S. economy, 
                it is hereby ordered as follows:

                Section 1. Policy. Maintaining, encouraging, and 
                supporting a fair, efficient, and competitive 
                marketplace is a cornerstone of the American economy. 
                Consumers and workers need both competitive markets and 
                information to make informed choices.

                Certain business practices such as unlawful collusion, 
                illegal bid rigging, price fixing, and wage setting, as 
                well as anticompetitive exclusionary conduct and 
                mergers stifle competition and erode the foundation of 
                America's economic vitality. The immediate results of 
                such conduct--higher prices and poorer service for 
                customers, less innovation, fewer new businesses being 
                launched, and reduced opportunities for workers--can 
                impact Americans in every walk of life.

                Competitive markets also help advance national 
                priorities, such as the delivery of affordable health 
                care, energy independence, and improved access to fast 
                and affordable broadband. Competitive markets also 
                promote economic growth, which creates opportunity for 
                American workers and encourages entrepreneurs to start 
                innovative companies that create jobs.

                The Department of Justice (DOJ) and the Federal Trade 
                Commission (FTC) have a proven record of detecting and 
                stopping anticompetitive conduct and challenging 
                mergers and acquisitions that threaten to consolidate 
                markets and reduce competition.

                Promoting competitive markets and ensuring that 
                consumers and workers have access to the information 
                needed to make informed choices must be a shared 
                priority across the Federal Government. Executive 
                departments and agencies can contribute to these goals 
                through, among other things, pro-competitive rulemaking 
                and regulations, and by eliminating regulations that 
                create barriers to or limit competition. Such 
                Government-wide action is essential to ensuring that 
                consumers, workers, startups, small businesses, and 
                farms reap the full benefits of competitive markets.

                Sec. 2. Agency Responsibilities. (a) Executive 
                departments and agencies with authorities that could be 
                used to enhance competition (agencies) shall, where 
                consistent with other laws, use those authorities to 
                promote competition, arm consumers and workers with the 
                information they need to make informed choices, and 
                eliminate regulations that restrict competition without 
                corresponding benefits to the American public.

                    (b) Agencies shall identify specific actions that 
                they can take in their areas of responsibility to build 
                upon efforts to detect abuses such as price fixing, 
                anticompetitive behavior in labor and other input 
                markets, exclusionary conduct, and blocking access to 
                critical resources that are needed for competitive 
                entry. Behaviors that appear to violate our antitrust 
                laws should be referred to antitrust enforcers at DOJ 
                and the FTC. Such a referral shall not preclude further 
                action by the referring agency against that behavior 
                under that agency's relevant statutory authority.

[[Page 23418]]

                    (c) Agencies shall also identify specific actions 
                that they can take in their areas of responsibility to 
                address undue burdens on competition. As permitted by 
                law, agencies shall consult with other interested 
                parties to identify ways that the agency can promote 
                competition through pro-competitive rulemaking and 
                regulations, by providing consumers and workers with 
                information they need to make informed choices, and by 
                eliminating regulations that restrict competition 
                without corresponding benefits to the American public.
                    (d) Not later than 30 days from the date of this 
                order, agencies shall submit to the Director of the 
                National Economic Council an initial list of (1) 
                actions each agency can potentially take to promote 
                more competitive markets; (2) any specific practices, 
                such as blocking access to critical resources, that 
                potentially restrict meaningful consumer or worker 
                choice or unduly stifle new market entrants, along with 
                any actions the agency can potentially take to address 
                those practices; and (3) any relevant authorities and 
                tools potentially available to enhance competition or 
                make information more widely available for consumers 
                and workers.
                    (e) Not later than 60 days from the date of this 
                order, agencies shall report to the President, through 
                the Director of the National Economic Council, 
                recommendations on agency-specific actions that 
                eliminate barriers to competition, promote greater 
                competition, and improve consumer access to information 
                needed to make informed purchasing decisions. Such 
                recommendations shall include a list of priority 
                actions, including rulemakings, as well as timelines 
                for completing those actions.
                    (f) Subsequently, agencies shall report semi-
                annually to the President, through the Director of the 
                National Economic Council, on additional actions that 
                they plan to undertake to promote greater competition.
                    (g) Sections 2(d), 2(e), and 2(f) of this order do 
                not require reporting of information related to law 
                enforcement policy and activities.

                Sec. 3. General Provisions. (a) This order shall be 
                implemented consistent with applicable law and subject 
                to the availability of appropriations.

                    (b) Independent agencies are strongly encouraged to 
                comply with the requirements of this order.
                    (c) Nothing in this order shall be construed to 
                impair or otherwise affect:

(i) the authority granted by law to a department or agency, or the head 
thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

[[Page 23419]]

                    (d) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    April 15, 2016.

[FR Doc. 2016-09346
Filed 4-19-16; 11:15 am]
Billing code 3295-F6-P