Gerald A. Stein
Trisha Parikh

Gerald A. Stein, a partner in the New York and Washington, DC offices of Davis Wright Tremaine LLP and Trisha Parikh, an associate in the Portland, Oregon office of Davis Wright Tremaine LLP, are both members of the firm’s Commercial Litigation and Antitrust and Competition Groups.

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The U.S. Department of Justice (DOJ) launched the Anticompetitive Regulation Task Force to identify and advocate for the elimination of state and federal laws that impede free competition and harm consumers, workers, and businesses.  The Antitrust Division is soliciting public comments from any market participants, ranging from consumers to small businesses, as well as any other entity impacted by state and federal antitrust laws.  The goal of this effort is to eliminate unnecessary market restraints and make it easier for businesses to compete.  The public can submit comments pursuant to this initiative (Docket No. ATR-2025-0001) for a 60-day period ending on May 26, 2025.

The establishment of the Anticompetitive Regulation Task Force follows Executive Order 14192, which calls for the “prudent financial management and [alleviation of] unnecessary regulatory burdens” and Executive Order 14219, which tasks agencies with review of potentially burdensome regulations.  The Task Force is enforcing the goals of the Executive Branch as established by these Executive Orders.

Specifically, the DOJ is seeking public comment on unnecessary and burdensome regulations within certain industries which have the “greatest impact on American households,” including:

  • Housing: Any regulations that make it more difficult for Americans to build homes and to rent or buy homes.
  • Transportation: Laws and regulations that provide carve-outs for monopolies amongst airlines, rail companies, and shipping companies, which ultimately increase the price of goods.
  • Food and Agriculture: Any regulations that control the quantity of goods that farmers, growers, and ranchers produce which can result in higher prices for consumers.
  • Healthcare: Any regulations that increase the cost of healthcare for consumers and encourage healthcare providers to overbill and/or provide low-quality care.
  • Energy: Laws and regulations that prevent competition in the energy sector by driving up costs of electricity.

The Task Force plans to review the public comments and work with attorneys, economists, the DOJ, and other agencies to identify such regulations and eliminate regulatory capture by revising and/or eliminating such regulations.  It will also lobby for the removal of such laws and regulations through involvement in private litigation and submission of comments on proposed state and federal legislation. 

This effort rides on the coattails of a similar effort by the Executive Branch in 2018 when the DOJ submitted comments to federal agencies to eliminate unnecessary regulations and increase competition.  During that process, the DOJ also provided agencies with training and a framework to analyze new and existing regulations that might affect competition.  Similar comments by the DOJ from past initiatives can be viewed here.

The DOJ Antitrust Division is tasked with promoting economic competition through the enforcement of antitrust laws, along with the Federal Trade Commission.  Individuals, businesses, and other industry participants should consider whether there are any antitrust laws and regulations, at the state or federal level, which serve to stifle operations and limit economic growth instead of protecting consumers.  They are encouraged to submit a public comment on such laws and regulations.