COSAL Comments to DOJ and FTC on Anticompetitive Regulatory Barriers

COSAL submitted comments to U.S. Department of Justice and the Federal Trade Commission in response to a request for information on reducing anticompetitive regulatory barriers.

The comments are in response to the April 9 Executive Order “Reducing Anti-Competitive Regulatory Barriers.”   In it, President Trump asked the DOJ and FTC to conduct a review of regulations that “reduce competition, entrepreneurship, and innovation.” In response, those agencies requested public comments on anti-competitive laws and regulations.

DOJ’s Antitrust Division has initiated a public inquiry to identify “unnecessary laws and regulations that raise the highest barriers to competition. In particular, the Division will seek information from the public about laws and regulations that make it more difficult for businesses to compete effectively.”  See Office of Public Affairs | Justice Department Launches Anticompetitive Regulations Task Force | United States Department of Justice.

The FTC launched a “public inquiry into the impact of federal regulations on competition, with the goal of identifying and reducing anticompetitive regulatory barriers.”  See FTC Launches Public Inquiry into Anti-Competitive Regulations | Federal Trade Commission.

COSAL submitted comments focused on Antitrust Exemptions; Patent Abuses; Forced Arbitration; and the Filed Rate Doctrine to make sure the record includes laws and regulations that stymie robust private antitrust enforcement.

Read the comments.

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