backOn September 16, 2025, Federal Trade Commission (FTC) Chairman Andrew Ferguson submitted to the Office of Management and Budget (OMB) a report identifying more than 125 federal regulations deemed anticompetitive by the FTC and the Department of Justice (DOJ) and recommended for deletion or revision. As of the date of this client alert, the report itself has not yet been published, only Chairman Ferguson’s cover letter. We are continuing to monitor for further information about which regulations may be impacted.
The FTC’s submission responds to Executive Order 14267, “Reducing Anticompetitive Regulatory Barriers,” signed by President Trump in April 2025. The Order directs federal agencies to identify and propose regulations that unnecessarily restrict competition including those that: create or facilitate monopolies; impose unnecessary barriers to entry for new market participants; limit competition between competing entities, or have effect of the same; create or facilitate licensure or accreditation requirements that unduly limit competition; burden government procurement processes; or otherwise distort market competition.
Key Highlights
Chairman Ferguson’s letter highlights several categories of regulations for potential repeal or revision, including:
- the Department of Transportation’s contracting preferences for businesses owned by “socially and economically disadvantaged individuals”;
- the Department of Education’s rules permitting automatic inclusion of textbook costs in tuition, limiting students’ ability to buy materials through alternative sellers;
- a withdrawn Consumer Product Safety Commission proposal mandating patented finger-detection technology for table saws; and
- Forest Service grazing-permit requirements that may discourage entry by younger ranchers.
Chairman Ferguson described the submission as the initial phase of an ongoing effort, as the FTC and DOJ plan to issue supplemental reports as additional agency input is received. The letter also noted that final decisions on regulatory changes rest with the President, acting through OMB and the relevant agencies.
Congressional Response
On September 30, 2025, Representative Jerrold Nadler (D-NY) sent a letter to OMB Director Russell Vought calling for the immediate release of the full list of laws and rules deemed anticompetitive by the FTC and DOJ.
Nadler’s letter states that while the agencies have invited public comment, the American public cannot meaningfully participate without knowing which rules are under review. He emphasized that withholding the report “undermines transparency and trust in the rulemaking process and subverts the Administrative Procedure Act’s requirement of public comment.”
Looking Ahead
The report is now under review by OMB. This development signals a renewed focus on deregulation through competition policy, prompting significant rulemaking activity across multiple agencies. This move brings to mind a similar effort during President Trump’s first administration by former DOJ Assistant Attorney General Makan Delrahim to roll back outdated consent decrees to allow businesses to better compete. As the scope of the regulations currently under review is not yet known, businesses in all sectors should monitor for potential regulatory rollbacks that could be viewed as harmful to the competitive process.