Deep Dive Episode 197 – Competition at a Crossroads: Will the Executive Order on Competition Advance Competition, or Restrict It?

Protecting and preserving competition are the key objectives of U.S. antitrust laws, which are all phrased as prohibitions: on agreements “in restraint of trade,” of mergers and acquisitions where the effect “may be substantially to lessen competition, or to tend to create a monopoly,” and on “unfair methods of competition.” In a July 2021 Executive Order, the Biden Administration directed agencies to pursue 72 specific initiatives to tackle what are seen as our most pressing competition problems. Will these initiatives enhance the role of competition, or are they instead initiatives that would replace the outcomes of competitive markets with regulatory requirements? Both views have strong champions and well-articulated views. A distinguished panel joined us to lay out the arguments and implications of these important policy choices.

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Neil Averitt

Opinion Columnist


Howard Beales

Professor Emeritus of Strategic Management and Public Policy

School of Business, The George Washington University

Robert Bork, Jr.


Antitrust Education Project

Ioana Marinescu

Associate Professor, School of Social Policy & Practice, University of Pennsylvania

Faculty Research Fellow, National Bureau of Economic Research

Jane Luxton

Managing Partner - Washington, D.C.

Lewis Brisbois Bisgaard & Smith LLP

Antitrust & Consumer Protection
Regulatory Process

The Federalist Society and Regulatory Transparency Project take no position on particular legal or public policy matters. All expressions of opinion are those of the speaker(s).

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