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ARTICLE · 22 SEPTEMBER 2025

FTC Recommends Rollback Of Anticompetitive Regulations

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The Federal Trade Commission ("FTC") has turned the antitrust lens inward, examining and recommending removal or revision of federal regulations...

United StatesAntitrust/Competition Law
John Carroll
John Carroll
Leo Caseria
Leo Caseria
Jared P. Nagley
Jared P. Nagley
Elizabeth A. Nevins
Elizabeth A. Nevins
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The Federal Trade Commission ("FTC") has turned the antitrust lens inward, examining and recommending removal or revision of federal regulations it deems as potential barriers to entry and innovation. In a letter to the Office of Management and Budget ("OMB") dated September 16, 2025, Chairman Andrew N. Ferguson identified more than 125 regulations that, in his view, restrict entry, entrench incumbents, or otherwise distort competition (the "Ferguson Letter"). The recommendations were issued pursuant to Executive Order 14267, which directs agencies to reduce anticompetitive regulatory barriers.

The FTC identified several categories of regulations as particularly problematic:

  • Procurement Preferences: Department of Transportation rules that give preferential treatment to "socially and economically disadvantaged individuals" in contracting may unintentionally protect incumbents and limit competition.

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