Analysis of Executive Order 14337: Revocation of Executive Order on Competition
The 1-Minute Brief
What: Executive Order 14337, issued on August 13, 2025, revokes a 2021 executive order aimed at increasing competition across the American economy. The original order, Executive Order 14036, had directed federal agencies to take a more aggressive stance against corporate consolidation and anti-competitive practices in sectors like healthcare, technology, and agriculture.
Money: There is no specific Congressional Budget Office (CBO) score for this executive order as it is a revocation of a previous directive. The original order's financial impact was indirect, aiming to reduce costs for consumers and increase wages for workers by fostering competition. The revocation removes the formal framework for these initiatives, and its financial effects will depend on subsequent regulatory actions.
Your Impact: The most likely direct effect on an average American will be a potential slowdown or reversal of efforts to lower prices and increase choices in various markets. This could be felt in areas such as internet bills, prescription drug costs, and the availability of product repair options.
Status: Executive Order 14337 was signed and became effective on August 13, 2025.
What's Actually in the Bill
Executive Order 14337 is a concise directive with a singular primary function: to nullify Executive Order 14036, "Promoting Competition in the American Economy." By revoking the 2021 order, it dismantles a government-wide policy that encouraged federal agencies to actively use their authority to challenge industry consolidation and practices deemed harmful to consumers, workers, and small businesses.
Core Provisions:
- Section 1. Revocation: The order explicitly states, "Executive Order 14036 of July 9, 2021 (Promoting Competition in the American Economy), is hereby revoked."
- General Provisions: The order includes standard language ensuring that its implementation does not affect the legal authority of executive agencies or the budgetary functions of the Office of Management and Budget. It also clarifies that the order does not create any new legal rights or benefits enforceable against the United States.
Stated Purpose (from the Sponsors):
While Executive Order 14337 itself does not contain a detailed "purpose" section, the administration's stated rationale for the revocation is to reduce regulatory burdens and allow markets to function more freely. Supporters of the revocation, including officials at the Department of Justice and the Federal Trade Commission, argue that it will move the government away from "top-down competition regulations" and back toward enforcing existing antitrust laws as passed by Congress.
Key Facts:
Affected Sectors: Healthcare, Technology (including Big Tech and broadband services), Agriculture, Banking, and Transportation.
Timeline: The revocation was effective immediately on August 13, 2025.
Scope: The order has a nationwide scope, impacting the regulatory approach of numerous federal agencies.
The Backstory: How We Got Here
Timeline of Events:
The Rise of Consolidation (c. 1980s-2020s):
For several decades, U.S. antitrust enforcement has generally taken a less interventionist approach, leading to increased consolidation across many industries. This period saw a rise in large corporate mergers and practices that critics argued stifled competition, leading to higher prices, lower wages, and less innovation. Concerns grew over the market power of large technology platforms, consolidation in the healthcare sector, and restrictions on workers like non-compete agreements.
The Push for Reform (2021):
In response to these concerns, President Joe Biden signed Executive Order 14036 on July 9, 2021. It established a "whole-of-government" effort to promote competition, arguing that a fair and open marketplace is a cornerstone of the American economy. The order included 72 initiatives directing agencies to confront anti-competitive practices. Key initiatives included encouraging the FTC to ban or limit non-compete agreements, allowing hearing aids to be sold over-the-counter, and urging the FCC to restore net neutrality rules.
Why Now? The Political Calculus:
- Shift in Economic Philosophy: The introduction of Executive Order 14337 reflects a fundamental disagreement in economic policy. The current administration favors a less regulatory "America First Antitrust" approach, focusing on "empowering the American people in the free markets" rather than having regulators "prescribe outcomes."
- Reducing Regulatory Burden: The revocation is framed as a move to eliminate burdensome regulations that were seen as hostile to mergers and acquisitions, with the goal of encouraging economic activity.
- Change in Administration Priorities: The 2025 executive order signals a clear reversal of the previous administration's economic agenda, prioritizing deregulation over the active promotion of competition through federal directives.
Your Real-World Impact
The Direct Answer: This directly affects specific groups of consumers, workers, and small businesses, particularly in the technology, healthcare, and agricultural sectors.
What Could Change for You:
Potential Benefits:
- Proponents of the revocation argue it could lead to a more streamlined and faster review process for business mergers, potentially fostering economic growth and innovation.
Possible Disruptions or Costs:
Short-term (1-2 years):
- Internet Bills: Efforts to restore net neutrality and require "nutrition labels" for broadband to increase price transparency will lose White House backing, which could reduce pressure on providers to lower prices or be more transparent.
- Repair Costs: The "right to repair" movement, which was supported by the 2021 order, may face setbacks, making it harder and more expensive for you to get independent repairs for products like smartphones and tractors.
- Job Mobility: The push to limit or ban non-compete clauses, which restrict workers from taking jobs with competitors, will be curtailed, potentially limiting job opportunities and wage growth for some employees.
Long-term:
- Healthcare Costs: With reduced federal scrutiny on hospital and insurance company mergers, industry consolidation could continue, potentially leading to higher healthcare prices and fewer choices for consumers.
- Consumer Choices: A less aggressive stance on antitrust enforcement could lead to more market concentration over time, potentially resulting in fewer small businesses and startups, and less variety in products and services.
Who's Most Affected:
Primary Groups: Workers under non-compete agreements, consumers in markets with limited internet service providers, farmers dealing with large agricultural conglomerates, and patients in areas with consolidated hospital systems.
Secondary Groups: Small business owners and entrepreneurs who compete with large corporations, and consumers of technology products who seek more repair options.
Regional Impact: The impact could be more significant in rural areas with fewer service providers and in states with high levels of hospital consolidation.
Bottom Line: The revocation of the 2021 competition order removes a federal push to address corporate consolidation, which may halt or reverse recent efforts to lower prices and increase choice for consumers and opportunities for workers.
Where the Parties Stand
Republican Position: "Empowering Free Markets"
Core Stance: The revocation is a necessary step to reduce burdensome regulations and allow the free market to operate without excessive government interference.
Their Arguments:
- ✓ The 2021 order represented government overreach, with regulators prescribing economic outcomes instead of enforcing established laws.
- ✓ A less hostile approach to mergers and acquisitions will encourage innovation and streamline business operations.
- ✗ The "whole-of-government" approach to competition created uncertainty and was based on a flawed premise that government intervention, rather than market forces, should drive competition.
Legislative Strategy: To support the executive order's aim of deregulation through agency actions and to oppose legislative efforts to codify the provisions of the now-revoked E.O. 14036.
Democratic Position: "Protecting Consumers and Workers"
Core Stance: The original 2021 order was a crucial measure to combat corporate greed, lower costs for families, and protect American workers from unfair practices.
Their Arguments:
- ✓ Decades of industry consolidation have led to excessive market power for large corporations, hurting consumers, workers, and small businesses.
- ✓ The order's initiatives, such as limiting non-compete clauses and promoting fair competition in technology and healthcare, are essential for a healthy economy.
- ✗ Revoking the order benefits large corporations at the expense of everyday Americans, leading to higher prices, fewer choices, and suppressed wages.
Legislative Strategy: To criticize the revocation and potentially introduce legislation that would enact some of the key provisions of the original executive order into law, making them harder to reverse.
Constitutional Check
The Verdict: ✓ Constitutional
Basis of Authority:
The President's authority to issue and revoke executive orders is derived from the executive power granted by Article II of the U.S. Constitution. An executive order is a directive from the President to manage the operations of the federal government.
U.S. Constitution, Article II, Section 1: "The executive Power shall be vested in a President of the United States of America."
Constitutional Implications:
[Executive Authority]: Just as the President has the authority to issue executive orders to direct federal agencies, a subsequent President has the authority to revoke them. This is a standard and long-standing practice.
[Precedent]: The revocation of a predecessor's executive order is a common action when there is a change in administration and a shift in policy priorities.
[Federalism]: This executive order pertains to the actions and policies of federal executive departments and agencies and does not directly overstep into powers reserved for the states.
Potential Legal Challenges:
It is highly unlikely that the revocation itself will face successful legal challenges, as it falls squarely within the President's executive authority. Any legal battles are more likely to arise from specific regulatory changes made by individual agencies in the wake of this revocation.
Your Action Options
TO SUPPORT THIS REVOCATION
(Supporting a return to less federal regulation on competition)
5-Minute Actions:
- Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I support the President's decision to revoke Executive Order 14036 to reduce burdensome regulations."
30-Minute Deep Dive:
- Write a Detailed Email: Contact your elected officials and explain why you believe a less regulatory approach to antitrust is beneficial for the economy.
- Join an Organization: Research and consider joining free-market or conservative advocacy groups that lobby for deregulation and limited government intervention in the economy.
TO OPPOSE THIS REVOCATION
(Supporting the goals of the original 2021 competition order)
5-Minute Actions:
- Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I am concerned about the revocation of the executive order on competition. I urge [Rep./Sen. Name] to take action to protect consumers and workers."
30-Minute Deep Dive:
- Write a Letter to the Editor: Submit a letter to your local newspaper explaining how issues like high internet costs, limited repair options, or non-compete clauses affect your community.
- Join an Organization: Look into consumer rights, labor, or anti-monopoly advocacy groups that are working to promote competition and challenge corporate consolidation.