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In New Letter to OMB Director Russell Vought, Rep Nadler Demands List of Rules and Laws Deemed Anticompetitive

Today, Representative Jerrold Nadler (NY-12), Ranking Member of the Subcommittee on the Administrative State, Regulatory Reform, and Antitrust, sent a letter to Office of Management and Budget (OMB) Director Russell Vought demanding the government release the list of laws and rules deemed to be anticompetitive compiled by the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC).
 
In April, President Trump signed Executive Order 14267 that required agency heads to submit a list of rules and laws that may create anticompetitive barriers, along with recommendations as to whether each rule calls for rescission or modification, and a justification for any proposed action or lack of action.
 
“The FTC and DOJ ultimately deemed more than 125 laws and rules anticompetitive, and Chairman Ferguson submitted a report including these regulations to the Director of the Office of Management and Budget (OMB),” Representative Nadler wrote. “On September 16, 2025, Chairman Ferguson publicly highlighted four of these rules. Despite this clear acknowledgement, the OMB has failed to release the full list and report.” 
 
“The Administrative Procedure Act requires federal agencies to provide the public with notice of proposed rulemaking and an opportunity to comment before promulgating new regulations. While the FTC and DOJ have invited public comment, restricting access to the laws and rules at issue deprives stakeholders of the opportunity for informed participation,” Representative Nadler continued.
 
Representative Nadler went on to explain that failure to provide the full report undermines transparency and trust in the rulemaking process and subverts the Administrative Procedure Act’s requirement of public comment. Furthermore, releasing the report stands in line with the President’s commitment to transparency and assurance that “[t]he American people, more than any Federal official, know which regulations stifle entrepreneurship and economic growth.” 
 
Representative Nadler requested OMB provide the report promptly so the Committee can fulfill its duties to the American people by maintaining fair and competitive markets and ensuring the appropriate administration of justice in administrative bodies. 
 
Read the full letter here and below.

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Dear Director Vought:

We write to request the immediate release of the list of laws and rules deemed to be anticompetitive by the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC), together with the accompanying report, regarding the President’s Executive Order 14267 on Reducing Anti-Competitive Regulatory Barriers.

On April 9, 2025, President Trump signed Executive Order 14267, which required agency heads, within 70 days, to submit to the FTC Chair and the DOJ Attorney General a list of rules and laws that may create anticompetitive barriers, along with recommendations as to whether each rule calls for rescission or modification, and a justification for any proposed action or lack of action.

The FTC and DOJ ultimately deemed more than 125 laws and rules anticompetitive, and Chairman Ferguson submitted a report including these regulations to the Director of the Office of Management and Budget (OMB). On September 16, 2025, Chairman Ferguson publicly highlighted four of these rules. Despite this clear acknowledgement, the OMB has failed to release the full list and report.

The Administrative Procedure Act requires federal agencies to provide the public with notice of proposed rulemaking and an opportunity to comment before promulgating new regulations. While the FTC and DOJ have invited public comment, restricting access to the laws and rules at issue deprives stakeholders of the opportunity for informed participation.

Failure to disclose undermines transparency and trust in the rulemaking process and subverts the Administrative Procedure Act’s requirement of public comment. Withholding such information stands in direct contradiction with the President’s assurance that “[t]he American people, more than any Federal official, know which regulations stifle entrepreneurship and economic growth.”

It is therefore critical to the Committee’s interests that the report be released promptly so it may properly fulfill its duties to the American people, maintaining fair and competitive markets and ensuring the appropriate administration of justice in administrative bodies. These responsibilities fall directly within the Committee’s delegated jurisdiction over antitrust and administrative law pursuant to Rule X.

Thank you for your assistance in the matter.

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