Motion,Ex Parte: Liberty Health Professionals, LLC Plaintiff vs. Sabrina Metayer Defendant

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                                **** FILED: BROWARDCOUNTY, FL Brenda D. Forman, CLERK. 7/15/2021 4:30:00 PM.****
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 **** FILED: BROWARD COUNTY, FL Brenda D. Forman, CLERK 7/15/2021 4:30:00 PM.****
 7/14/2021
 Executive Order on PromotingCompetition in the AmericanEconomy I The White House
 BRIEFINGROOM
 Executive Order on Promoting Competition in the
 American Economy
 JULY 09,2021 . PRESIDENTIAL ACTIONS
 By the authorityvested in me as President by the Constitution and the laws of the United
 States ofAmerica, and in order to promote the interests ofAmerican workers,businesses, and
 consumers.
 ;, it is hereby ordered as follows:
 Bection 1. Policy.
 A fair, open, and competitive marketplace has long been a cornerstoneof the American
 economy, while excessive market concentration threatens basic economic liberties, democratic
 accountability, and the welfare ofworkers, farmers,small businesses, startups, and consumers.
 The American promise of a broad and sustained prosperity dependson an open and
 competitive economy. For workers, a competitive marketplace creates more high-qualityjobs
 and the economic freedom to switch jobs or negotiatea higher wage. For small businesses and
 farmers, it creates more choices among suppliers and major buyers, leading to more take-home
 income, which they can reinvest in their enterprises. For entrepreneurs, it provides space to
 experiment,innovate, and pursue the new ideas that have for centuriespoweredthe American
 economy and improved our quality oflife. And for consumers, it means more choices, better
 service, and lower prices.
 Robust competition is criticalto preserving America'srole as the world's leading economy.
 Yet over the last several decades, as industries have consolidated, competitionhas weakened
 in too many markets, denyingAmericansthe benefits of an open economyand widening racial,
 income, and wealth inequality. Federal Governmentinactionhas contributed to these
 problems, with workers, farmers, small businesses, and consumerspayingthe price.
 Consolidation has increased the power of corporate employers,makingit harderfor
 workers to bargainfor higher wages and betterwork conditions. Powerfulcompanies require
 workers to sign non-compete agreementsthat restrict their ability to change jobs. And, while
 many occupational licenses are critical to increasingwages for workers and especiallyworkers
 of color, some overly restrictiveoccupational licensing requirements can impede workers
 ability to find jobs and to move between States.
 Consolidation in the agriculturalindustryis making it too hard for small family farms to
 survive. Farmers are squeezed between concentratedmarketpower in the agriculturalinput
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 Executive Order on PromotingCompetition in the AmericanEconomy I The White House
 indu@tries- seed, fertilizer, feed, and equipmentsuppliers - and concentratedmarket power
 in the channels for selling agriculturalproducts. As a result, farmers'share of the value of
 their agriculturalproducts has decreased, and poultryfarmers,hog farmers, cattle ranchers,
 and other agriculturalworkers struggle to retain autonomyand to make sustainable returns.
 The American informationtechnology sector has long been an engine of innovation and
 growth, but today a small number ofdominantInternetplatforms use their power to exclude
 market entrants,to extract monopolyprofits, and to gather intimate personalinformationthat
 they can exploitfor their own advantage. Too many small businesses across the economy
 depend on those platformsand a few online marketplacesfor their survival. And too many
 local newspapers have shuttered or downsized, in part due to the Internet platforms
 dominance in advertising markets.
 Americansare paying too much for prescriptiondrugs and healthcare services - far more
 thanthe prices paid in other countries. Hospital consolidationhas left many areas,
 particularlyrural communities, with inadequateor more expensive healthcare options. And
 too often, patent and other laws have been misused to inhibit or delay - for years and even
 decades - competitionfrom generic drugs and biosimilars, denyingAmericans access to
 lower-cost drugs.
 In the telecommunications sector,Americans likewise pay too much for broadband, cable
 television,and other communications services, in part because of a lack of adequate
 competition. In the financial-servicessector,consumerspay steep and often hidden fees
 because ofindustry consolidation. Similarly,the global container shippingindustry has
 consolidated into a small number of dominantforeign-owned lines and alliances,which can
 disadvantage American exporters.
 The problem ofeconomic consolidationnow spans these sectors and many others,
 endangeringour ability to rebuild and emerge from the coronavirusdisease 2019 (COVID-19)
 pandemic with a vibrant, innovative, and growing economy. Meanwhile, the United States
 faces new challengesto its economicstanding in the world, including unfair competitive
 pressures from foreign monopolies and firms that are state-owned or state-sponsored,or
 whose market power is directly supported by foreigngovernments.
 We must act now to reverse these dangeroustrends,which constrainthe growth and
 dynamism of our economy, impair the creationofhigh-qualityjobs, and threaten America's
 economic standingin the world.
 This order affirms that it is the policyof my Administrationto enforcethe antitrustlaws to
 combat the excessive concentration of industry, the abuses of market power, and the harmful
 effectsof monopoly and monopsony- especiallyas these issues arise in labor markets,
 agricultural markets, Internet platformindustries, healthcare markets Oncludinginsurance,
 hospital, and prescriptiondrugmarkets),repairmarkets, and United States markets directly
 affectedby foreigncartel activity.
 It is also the policy of my Administrationto enforce the antitrust laws to meet the challenges
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 Executive Order on Promoting CompetiUon in the American Economy I The White House
 posed by new industries and technologies, includingthe rise ofthe dominant Internet
 platforms, especiallyas they stem from serial mergers, the acquisition ofnascent competitors,
 the aggregation of data, unfair competitionin attention markets, the surveillance ofusers, and
 the presence ofnetwork effects.
 Whereas decadesof industry consolidationhave often led to excessive market
 concentration, this order reaffirms that the United States retainsthe authorityto challenge
 transactions whose previousconsummationwas in violationof the ShermanAntitrustAct (26
 Stat. 209, 15 US.C. 1 et seq.) (Sherman Act), the Clayton AntitrustAct (Public Law 63-212, 38
 Stat. 730, 15 US.C. 12 et seq.) (Clayton Act), or other laws. See 15 US.C. 18; StandardOil Co. v.
 United States, 221 US. 1 (1911).
 This order reasserts as United States policythat the answerto the risingpower offoreign
 monopoliesand cartels is notthe toleranceof domestic monopolization,but rather the
 promotion ofcompetition and innovation byfirms small and large, at home and worldwide.
 It is also the policy of my Administrationto support aggressive legislative reforms that
 would lower prescriptiondrugprices, includingby allowing Medicare to negotiatedrug prices,
 by imposinginflationcaps, and through other related reforms. It is furtherthe policy ofmy
 Administrationto support the enactment of a public health insurance option.
 My Administrationfurther reaffirmsthe policy stated in Executive Order 13725 ofApril 15,
 2016 (Steps to Increase Competitionand Better Inform Consumersand Workers to Support
 Continued Growth of the American Economy), and the Federal Government's commitment to
 the principlesthat led to the passage ofthe Sherman Act, the Clayton Act, the Packers and
 Stockyards Act, 1921 (Public Law 67-51, 42 Stat. 159, 7 U.S.C. 181 et seq.) (Packers and Stockyards
 Act), the Celler-Kefauver AntimergerAct (Public Law 81-899, 64 Stat. 1125), the Bank Merger
 Act (Public Law 86-463, 74 Stat. 129, 12 US.C. 1828), and the Telecommunications Act of 1996
 (Public Law 104-104, 110 Stat. 56), among others.
 Sec. 2. The StatutoryBasis of a Whole-of-GovernmentCompetitionPolicy.
 Ca) The antitrust laws, includingthe Sherman Act, the Clayton Act, and the Federal Trade
 Commission Act (Public Law 63-203, 38 Stat. 717, 15 US.C. 41 et seq.), are a first line of defense
 against the monopolizationoftheAmerican economy.
 (b) The antitrust laws reflect an underlyingpolicyfavoringcompetitionthat transcends
 those particularenactments. As the Supreme Court has stated, for instance,the ShermanAct
 "rests on the premise thatthe unrestrained interaction ofcompetitiveforces will yield the best
 allocationof our economic resources, the lowest prices, the highest quality and the greatest
 materialprogress, while at the same time providingan environment conduciveto the
 preservation of our democratic political and social institutions."NorthernPac. Ry. Co. v. United
 States, 356 US. 1, 4 (1958).
 (c) Consistent with these broaderpolicies, and in addition to the traditionalantitrust laws,
 the Congress has also enacted industry-specificfair competition and anti-monopolizationlaws
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 Executive Order on PromotingCompetition in the AmericanEconomy I The White House
 that ohen provide additional protections. Such enactments include the Packers and
 Stockyards Act, the FederalAlcoholAdministrationAct (Public Law 74-401, 49 Stat. 977, 27
 US.C. 201 et seq.), the Bank Merger Act, the DrugPrice Competitionand PatentTerm
 RestorationAct of 1984 (Public Law 98-417, 98 Stat. 1585), the Shipping Act of 1984 (Public Law
 98-237, 98 Stat. 67, 46 US.C. 40101 et seq.) (ShippingAct), the ICC TerminationAct of 1995
 (Public Law 104-88,109 Stat. 803), the TelecommunicationsAct of 1996, the Fairness to
 Contact Lens ConsumersAct (Public Law 108-164, 117 Stat. 2024,15 US.C. 7601 et seq.), and the
 Dodd-FrankWall Street Reform and Consumer ProtectionAct (Public Law 111-203, 124 Stat.
 1376) (Dodd-Frank Act).
 (d) These statutes independently charge a numberofexecutive departments and agencies
 (agencies) to protect conditions offair competitionin one or more ways, including by:
 (i) policingunfair, deceptive, and abusive business practices;
 Oi) resisting consolidation and promoting competitionwithin industries throughthe
 independentoversight ofmergers,acquisitions, andjoint ventures;
 OiD promulgatingrules that promote competition,includingthe marketentry of new
 competitors;and
 Ov) promoting markettransparencythroughcompelled disclosure ofinformation.
 (e) The agencies that administer such or similar authoritiesinclude the Department ofthe
 Treasury, the Department ofAgriculture,the DepartmentofHealth and Human Services, the
 DepartmentofTransportation,the Federal Reserve System, the Federal Trade Commission
 (FTC), the Securitiesand Exchange Commission, the FederalDeposit Insurance Corporation,
 the Federal CommunicationsCommission, the Federal Maritime Commission, the Commodity
 FuturesTradingCommission, the Federal Energy RegulatoryCommission, the Consumer
 FinancialProtection Bureau, and the Surface TransportationBoard.
 (f) Agencies can influencethe conditions of competitionthroughtheir exercise of
 regulatoryauthorityor through the procurementprocess. See 41 US.C. 1705.
 (g) This order recognizes that a whole-of-governmentapproach is necessaryto address
 overconcentration,monopolization,and unfaircompetitionin the American economy. Such
 an approach is supportedby existingstatutory mandates. Agencies can and should furtherthe
 polices set forth in section1 ofthis order by, among otherthings, adopting pro-competitive
 regulations and approachesto procurement and spending, and by rescinding regulations that
 create unnecessarybarriers to entry that stifle competition.
 Sec. 3. Agency Cooperationin Oversight, Investigation,and Remedies.
 (a) The Congress frequentlyhas created overlappingagencyjurisdictionin the policing of
 anticompetitiveconduct and the oversightofmergers. It is the policy of my Administration
 that, when agencies have overlappingjurisdiction,they shouldendeavor to cooperatefullyin
 the exercise oftheir oversightauthority, to benefit from the respectiveexpertiseofthe
 agencies and to improve Governmentemciency.
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 Executive Order on PromotingCompetition in the AmericanEconomy I The White House
 (b> Where there is overlappingjurisdictionover particular cases, conduct, transactions,or
 industries, agencies are encouraged to coordinate their efforts, as appropriate and consistent
 with applicable law, with respect to:
 0) the investigationof conductpotentiallyharmfulto competition;
 OD the oversight ofproposed mergers, acquisitions, and joint ventures;and
 OiD the design, execution, and oversightofremedies.
 (c) The means of cooperationin cases of overlappingjurisdictionshould include, as
 appropriate and consistent with applicable law:
 0) sharing relevantinformationand industry data;
 Oi) in the case of majortransactions,solicitingand giving signicant considerationto the
 views ofthe Attorney General or the Chair ofthe FTC, as applicable;and
 OiD cooperatingwith any concurrent DepartmentofJustice or FTC oversight activities
 under the Sherman Act or Clayton Act.
 (d) Nothing in subsections (a) through (c) ofthis section shall be construed to suggest that
 the statutory standard applied by an agency, or its independentassessment under that
 standard, should be displaced or substituted by the judgment ofthe Attorney General or the
 Chair of the FTC. When their views are solicited, the Attorney General and the Chair of the
 FTC are encouraged to provide a response to the agency in time for the agency to consider it in
 advance of any statutory deadline for agencyaction.
 Sec. 4. The White House CompetitionCouncil.
 (a) There is established a White House CompetitionCouncil (CounciD within the Executive
 Office ofthe President.
 (b) The Council shall coordinate, promote, and advance FederalGovernmentefforts to
 address overconcentration,monopolization,and unfaircompetitionin or directlyaffecting the
 American economy, including effortsto:
 (i) implementthe administrativeactions identified in this order;
 OD develop procedures and best practices for agency cooperationand coordination on
 matters of overlappingjurisdiction, as described in section 3 ofthis order;
 Oii) identifyand advance any additional administrativeactions necessaryto further the
 policies set forth in section1 ofthis order; and
 Ov) identifyany potential legislative changes necessaryto furtherthe policies set forth
 in section 1 ofthis order.
 (c) The Council shall work across agencies to provide a coordinatedresponse to
 overconcentration,monopolization,and unfair competitionin or directly affecting the
 American economy. The Council shall also work with each agency to ensure that agency
 operations are conducted in a manner that promotes fair competition, as appropriate and
 consistent with applicable law.
 (d) The Council shall not discuss any current or anticipated enforcement actions.
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 Executive Order on PromotingCompetition in the AmericanEconomyI The White House
 (e)' The Council shallbe led by the Assistant to the President for Economic policy and
 Director ofthe National Economic Council,who shall serve as Chair ofthe Council.
 (f) In addition to the Chair, the Council shall consist ofthe following members:
 (i)
 the Secretary ofthe Treasury;
 OD the Secretary ofDefense;
 oiD the Attorney General;
 (iv) the Secretary ofAgriculture;
 (v)
 the Secretary of Commerce;
 (vi) the SecretaryofLabor;
 (viD the Secretdry of Health and Human Services;
 MiD the Secretary ofTransportation;
 Ox) the Administratorofthe Office of Informationand RegulatoryAffairs; and
 (x)
 the heads of such other agencies and offices as the Chair may from time to time
 inviteto participate.
 (g) The Chair shall invite the participationof the Chair of the FTC, the Chair ofthe Federal
 CommunicationsCommission, the Chair ofthe Federal Maritime Commission, the Director of
 the Consumer FinancialProtection Bureau, and the Chair of the Surface TransportationBoard,
 to the extent consistent with their respective statutory authorities and obligations.
 (h) Members of the Council shall designate,not later than 30 days after the date of this
 order, a seniorofficial within their respective agency or office who shall coordinate with the
 Council and who shall be responsiblefor overseeing the agency's or office's efforts to address
 overconcentration,monopolization,and unfaircompetition. The Chair may coordinate
 subgroups consisting exclusively of Council members or their designees, as appropriate.
 O) The Council shall meet on a semi-annual basis unless the Chair determinesthat a
 meeting is unnecessary.
 (j) Each agency shall bear its own expenses for participatingin the Council.
 5ec. 5. Further Agency Responsibilities.
 (a) The heads of all agencies shall consider usingtheir authoritiesto furtherthe policies set
 forth in section l ofthis order, with particular attention to:
 0) the influence of any oftheir respective regulations,particularlyany licensing
 regulations, on concentration and competitionin the industries under theirjurisdiction; and
 Oi) the potential for their procurement or other spendingto improvethe competitiveness
 of small businesses and businesses with fair labor practices.
 (b) The Attorney General, the Chair ofthe FTC, and the heads of other agencies with
 authority to enforce the Clayton Act are encouragedto enforce the antitrust laws fairly and
 vigorously.
 (c) To addressthe consolidationof industry in many markets across the economy, as
 described in section 1 of this order, the Attorney General and the Chairofthe FTC are
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 Executive Order on PromotingCompetition in the AmericanEconomy I The White House
 entouragedto reviewthe horizontaland vertical merger guidelines and consider whether to
 revise those guidelines.
 (d) To avoid the potential for anticompetitiveextension of market power beyond the scope
 of granted patents, and to protect standard-settingprocesses from abuse, the Attorney General
 and the Secretaryof Commerce are encouragedto consider whether to revise their position on
 the intersection of the intellectual property and antitrust laws, including by considering
 whether to revise the Policy Statement on Remedies for Standards-EssentialPatents Su4ect to
 VoluntaryF/RAND Commitments issuedjointly by the Department ofJustice, the United
 States Patent and TrademarkOffice, and the National Institute of Standards and Technologyon
 December 19, 2019.
 (e) To ensure Americanshave choices among financial institutions and to guard against
 excessive market power, the Attorney General, in consultationwith the Chairmanofthe Board
 of Governorsofthe Federal Reserve System,the Chairperson ofthe Board of Directorsofthe
 Federal Deposit Insurance Corporation, and the Comptroller ofthe Currency, is encouragedto
 review current practices and adopt a plan, not laterthan 180 days after the date ofthis order,
 for the revitalization of merger oversightunder the Bank Merger Act and the Bank Holding
 CompanyAct of 1956 (Public Law 84-511, 70 Stat. 133, 12 U.S.C. 1841 et seq.) that is in
 accordance with the factors enumeratedin 12 US.C. 1828(c) and 1842(c).
 CD To better protect workers from wage collusion, the Attorney General and the Chair of
 the FTC are encouraged to consider whether to revise the AntitrustGuidance for Human
 Resource Professionals of October 2016.
 (g) To addressagreementsthat may unduly limit workers' ability to change jobs, the Chair
 of the FTC is encouraged to consider workingwith the rest ofthe Commissionto exercise the
 FTC's statutory rulemakingauthorityunder the Federal Trade CommissionAct to curtail the
 unfair use ofnon-compete clauses and other clauses or agreementsthat may unfairly limit
 worker mobility.
 (h) To address persistent and recurrent practices that inhibit competition, the Chair of the
 FTC, in the Chair's discretion, is also encouragedto consider workingwith the rest ofthe
 Commission to exercise the FTC's statutory rulemakingauthority, as appropriate and
 consistent with applicable law, in areas such as:
 0) unfair data collectionand surveillance practices that may damage competition,
 consumer autonomy,and consumer privacy;
 OD unfair anticompetitiverestrictions on third-party repairor self-repair of items, such
 as the restrictions imposed by powerful manufacturers that prevent farmers from repairing
 their own equipment;
 Oii) unfairanticompetitiveconduct or agreementsin the prescriptiondrug industries,
 such as agreementsto delay the market entry ofgeneric drugs or biosimilars;
 (iv) unfair competition in majorInternet marketplaces;
 (v) unfair occupational licensing restrictions;
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 Executive Order on Promoting Competition in the AmericanEconomy I The White House
 YZ) unfairtying practices or exclusionary practices in the brokerage or listing of real
 estate; and
 (vii) any other unfair industry-specificpractices that substantiallyinhibit competition.
 O) The Secretary ofAgriculture shall:
 (i) to addressthe unfair treatment offarmers and improve conditions ofcompetitionin
 the markets for their products, consider initiatinga rulemakingor rulemakings under the
 Packers and StockyardsAct to strengthenthe DepartmentofAgriculture's regulations
 concerning unfair,unjustlydiscriminatory, or deceptive practices and undue or unreasonable
 preferences, advantages, prejudices, or disadvantages, with the purpose of furtheringthe
 vigorous implementationofthe law established by the Congressin 1921 and fortified by
 amendments. In such rulemakingor rulemakings, the Secretaryof Agriculture shall consider,
 among other things:
 (A) providingclear rules that identifyrecurrent practices in the livestock, meat, and
 poultryindustries that are unfair,unjustly discriminatory, or deceptive and thereforeviolate
 the Packers and StockyardsAct;
 (B) reinforcingthe long-standing DepartmentofAgriculture interpretation that it is
 unnecessary under the Packers and StockyardsAct to demonstrateindustry-wideharm to
 establisha violation of the Act and that the "unfair,unjustly discriminatory, or deceptive"
 treatment of one farmer, the givingto one farmerof an"undue or unreasonable preference or
 advantage,"
 "
 or the subjectionof one farmerto an undue or unreasonable prejudice or
 disadvantage in any respect" violates the Act;
 (C) prohibitingunfair practices related to grower ranking systems - systems in which
 the poultry companies, contractors, or dealersexercise extraordinary control over numerous
 inputs that determinethe amount farmers are paid and require farmers to assume the risk of
 factors outside their control, leavingthem more economicallyvulnerable;
 (D) updating the appropriate definitionsor set ofcriteria,or applicationthereof, for
 undue or unreasonable preferences,advantages, prejudices, or disadvantagesunder the
 Packers and Stockyards Act; and
 (E) adopting,to the greatest extent possible and as appropriate and consistentwith
 applicable law, appropriate anti-retaliationprotections,so that farmers may assert their rights
 without fear ofretribution;
 OD to ensure consumershave accurate,transparent labels that enable them to choose
 products made in the United States, consider initiatinga rulemakingto define the conditions
 underwhich the labeling of meat products can bear voluntarystatementsindicating that the
 product is ofUnited States origin, such as "Product ofUSA";
 Oii) to ensure that farmers have greateropportunitiesto access markets and receive a fair
 return for their products, not later than 180 days after the date ofthis order, submit a report to
 the Chair of the White House CompetitionCouncil, with a plan to promote competitionin the
 agricultural industries and to support value-added agriculture and alternativefood
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 Executive Order on Promoting Competition in the AmericanEconomy I The White House
 distributionsystems through such means as:
 (A) the creationor expansionofuseful informationfor farmers, such as model
 contracts, to lower transactioncosts and help farmers negotiate fair deals;
 (B) measures to encourage improvementsin transparencyand standardsso that
 consumersmay choose to purchase products that support fair treatment of farmers and
 agricultural workers and sustainable agriculturalpractices;
 (C) measures to enhance price discovery,increase transparency,and improve the
 functioningofthe cattle and other livestockmarkets;
 CIO enhanced tools, including any new legislative authorities needed, to protect
 whistleblowers,monitor agriculturalmarkets, and enforce relevantlaws;
 (E) any investments or other support that could bolster competitionwithin highly
 concentratedagriculturalmarkets; and
 (F) any other means that the SecretaryofAgriculture deems appropriate;
 Ov) to improve farmers' and smaller food processors' access to retail markets, not later
 than 300 days after the date ofthis order, in consultationwith the Chair ofthe FTC, submit a
 report to the Chair of the White House CompetitionCouncil, on the effect of retail
 concentration and retailers' practices on the conditions ofcompetition in the food industries,
 includingany practices that mayviolate the Federal Trade CommissionAct, the Robinson-
 Patman Act (Public Law 74-692, 49 Stat. 1526, 15 US.C. 13 et seq.), or other relevantlaws, and on
 grants, loans, and other support that may enhance access to retail markets by local and
 regional food enterprises; and
 (v) to help ensure that the intellectualpropertysystem, while incentivizing innovation,
 does not also unnecessarily reduce competition in seed and other input markets beyond that
 reasonably contemplatedby the Patent Act (see 35 US.C. 100 et seq. and 7 US.C. 2321 et seq.), in
 consultationwith the Under Secretary ofCommerce for Intellectual Property and Director of
 the United States Patent and TrademarkOffice, submit a report to the Chair of the White
 House CompetitionCouncil, enumerating and describingany relevantconcerns of the
 DepartmentofAgriculture and strategies for addressing those concerns across intellectual
 property, antitrust, and other relevant laws.
 (j) To protectthe vibrancy ofthe American markets for beer, wine, and spirits, and to
 improve market access for smaller, independent,and new operations, the Secretary ofthe
 Treasury, in consultationwith the Attorney General and the Chair of the FTC, not later than
 120 days after the date of this order, shall submit a report to the Chair ofthe White House
 Competition Council, assessingthe current market structure and conditions of competition,
 includingan assessment ofany threats to competitionand barriers to new entrants,including:
 0) any unlawful trade practices in the beer, wine, and spirits markets, such as certain
 exclusionary,discriminatory, or anticompetitivedistributionpractices, that hinder smaller and
 independentbusinesses or new entrantsfrom distributingtheir products;
 OD patterns of consolidationin production, distribution, or retail beer, wine, and spirits
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 markets; and
 Oii) any unnecessarytrade practice regulations ofmatters such as bottle sizes,
 permitting, or labeling that may unnecessarilyinhibit competitionby increasingcosts without
 servingany public health,informational, or tax purpose.
 (k) To follow up on the foregoing assessment, the Secretary ofthe Treasury,throughthe
 Administratorofthe Alcohol and Tobacco Tax and Trade Bureau, shall, notlater than 240 days
 after the date of this order, consider:
 (i) initiatinga rulemakingto update the Alcohol and Tobacco Tax and Trade Bureau's
 trade practice regulations;
 Oi) rescinding or revising any regulations ofthe beer, wine, and spirits industriesthat
 may unnecessarilyinhibit competition; and
 OiD reducing anybarriers that impede market access for smaller and independent
 brewers, winemakers, and distilleries.
 0) To promote competition, lower prices, and a vibrantand innovative telecommunications
 ecosystem, the Chair of the Federal CommunicationsCommissionis encouraged to work with
 the rest of the Commission, as appropriate and consistent with applicable law, to consider:
 (i) adoptingthrough appropriate rulemaking"Net Neutrality"rules similar to those
 previouslyadopted under title II of the CommunicationsAct of 1934 (Public Law 73-416, 48
 Stat. 1064, 47 U.S.C. 151 et seq.), as amendedby the TelecommunicationsAct of 1996, in
 "Protectingand Promotingthe Open Internet," 80 Fed. Reg. 19738 (Apr. 13,2015);
 (ii) conducting future spectrum auctions under rules that are designed to help avoid
 excessive concentration of spectrum license holdings in the United States, so as to prevent
 spectrum stockpiling, warehousingofspectrum by licensees, or the creationofbarriersto
 entry, and to improve the conditions of competitionin industries that depend upon radio
 spectrum,including mobile communications and radio-basedbroadbandservices;
 (iiD providingsupport for the continued development and adoption of5G Open Radio
 Access Network (O-RAN) protocolsand software, continuingto attend meetingsofvoluntary
 and consensus-based standards development organizations,so as to promote or encouragea
 fair and representativestandard-settingprocess, and undertakingany othermeasures that
 might promote increased openness,innovation, and competitionin the markets for 5G
 equipment;
 Ov) prohibitingunjust or unreasonable early terminationfees for end-user
 communications contracts,enablingconsumersto moreeasily switch providers;
 (v) initiating a rulemakingthat requiresbroadbandservice providers to display a
 broadband consumer label, such as that as described in the Public Notice ofthe Commission
 issued on April 4, 2016 (DA 16-357), so as to give consumersclear, concise, and accurate
 information regarding providerprices and fees, performance, and network practices;
 fri) initiatinga rulemakingto require broadbandservice providers to regularlyreport
 broadband price and subscriptionratesto the Federal Communications Commissionfor the
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 ptirbose of disseminatingthat informationto the public in a useful manner, to improve price
 transparencyand market functioning; and
 (vii) initiatinga rulemakingto prevent landlordsand cable and Internet service providers
 from inhibitingtenants' choices among providers.
 (m) The SecretaryofTransportationshall:
 (i) to better protect consumers and improve competition, and as appropriate and
 consistent with applicable law:
 (A) not later than 30 days after the date ofthis order, appoint or reappointmembersof
 the Advisory Committee for Aviation Consumer Protectionto ensure fair representationof
 consumers, State and local interests, airlines, and airports with respect to the evaluationof
 aviationconsumer protectionprogramsand convene a meeting of the Committee as soon as
 practicable;
 (B) promote enhancedtransparencyand consumer safeguards, as appropriate and
 consistent with applicable law, includingthrough potential rulemaking,enforcement actions,
 or guidance documents,with the aims of:
 (D enhancing consumer access to airlineBight informationso that consumerscan
 more easily find a broader set of available flights, includingby new or lesser known airlines;
 and
 (2) ensuring that consumersare not exposed or subjectto advertising, marketing,
 pricing, and chargingofancillaryfees that may constitute an unfair or deceptive practice or an
 unfair method of competition;
 (C) not later than 45 days after the date ofthis order, submit a report to the Chair of
 the White House CompetitionCouncil,on the progress ofthe Department ofTransportation's
 investigatoryand enforcement activities to addressthe failure of airlinesto provide timely
 refunds for flights cancelled as a result ofthe COVID-19 pandemic;
 (D) not later than 45 days after the date ofthis order, publish for notice and comment a
 proposed rule requiring airlinesto refund baggage fees when a passenger'sluggage is
 substantiallydelayed and other ancillaryfees when passengers pay for a service that is not
 provided;
 (E) not later than 60 days after the date ofthis order, start development ofproposed
 amendments to the Department of Transportation'sdefinitions of"unfair" and "deceptive"in
 49 US.C. 41712; and
 (F) not laterthan 90 days after the date ofthis order, considerinitiatinga rulemaking
 to ensure that consumers have ancillary fee information,including "baggage fees,"...fchange
 fees," and "cancellationfees," at the time ofticket purchase;
 OD to provide consumers with more flight options at better prices and with improved
 service, and to extend opportunitiesfor competitionand market entry as the industry evolves:
 (A) not later than 30 days after the date ofthis order, convene a workinggroup within
 the Departmentof Transportationto evaluatethe effectivenessofexisting commercial aviation
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 prbdrams,consumerprotections, and rules ofthe Federal Aviation Administration;
 (B) consult with the Attorney General regarding means ofenhancing effective
 coordination between the Department of Justice and the Department of Transportationto
 ensure competition in air transportationand the ability of new entrants to gain access; and
 (C) consider measures to support airport development and increased capacityand
 improve airport congestionmanagement, gate access, implementationof airport competition
 plans pursuant to 49 US.C. 47106(f), and "slot" administration;
 oiD giventhe emergence of new aerospace-basedtransportationtechnologies, such as
 low-altitude unmanned aircraft system deliveries,advanced air mobility, and high-altitude
 long endurance operations, thathave greatpotential for American travelersand consumers,
 yet also the danger of early monopolization or new air traffic controlproblems, ensure that the
 Departmentof Transportationtakes action with respect to these technologies to:
 (A) facilitateinnovation that fosters United States marketleadership and market entry
 to promote competition and economicopportunityand to resist monopolization,while also
 ensuringsafety, providing security and privacy, protectingthe environment, and promoting
 equity; and
 03) providevigilant oversightover market participants.
 (n) To further competitionin the rail industry and to provide accessible remediesfor
 shippers, the Chair ofthe Surface TransportationBoard (Chair) is encouraged to work with
 the rest ofthe Board to:
 (i) consider commencing or continuing a rulemakingto strengthen regulations
 pertainingto reciprocal switchingagreementspursuant to 49 US.C. 11102(c), ifthe Chair
 determines such rulemakingto be in the public interest or necessaryto provide competitive
 rail service;
 CD consider rulemakings pertainingto any other relevant matter of competitive access,
 includingbottleneck rates, interchangecommitments, or othermatters, consistentwith the
 policies set forth in section1 ofthis order;
 OiD to ensure that passenger rail service is not subject to unwarranted delays and
 interruptions in service due to host railroads'failureto comply with the required preference
 for passenger rail, vigorously enforce new on-time performance requirements adopted
 pursuant to the Passenger Rail Investmentand ImprovementAct of2008 (Public Law 110-423,
 122 Stat. 4907) that will take effect on July 1, 2021, and furtherthe workof the passenger rail
 workinggroup formed to ensurethat the Surface TransportationBoard will fully meet its
 obligations; and
 (iv) in the process of determining whether a merger, acquisition, or other transaction
 involving rail carriersis consistentwith the public interest under 49 US.C. 11323-25,consider a
 carrier's fulfillment of its responsibilitiesunder 49 US.C. 24308 (relating to Amtrak's statutory
 rights).
 (o) The Chair ofthe FederalMaritime Commission is encouraged to work with the rest of
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 t}ie Commissionto:
 (i) vigorously enforce the prohibitionof unjust and unreasonable practices in the
 context of detention and demurrage pursuant to the Shipping Act, as clarified in "Interpretive
 Rule on Demurrageand Detention Under the Shipping Act;' 85 Fed. Reg. 29638 (May 18, 2020);
 Oi) request from the National Shipper Advisory Committee recommendationsfor
 improvingdetention and demurrage practices and enforcement of related Shipping Act
 prohibitions;and
 OiD consider further rulemakingto improve detention and demurrage practices and
 enforcementof related Shipping Act prohibitions.
 (p) The Secretary ofHealth and Human Services shall:
 (i)
 to promote the wide availability of low-cost hearing aids, not later than 120 days
 after the date ofthis order, publish for notice and comment a proposed rule on over-the-
 counter hearing-aids, as called for by section709 ofthe FDA ReauthorizationAct of 2017
 (Public Law 115-52, 131 Stat. 1005);
 OD support existing price transparencyinitiatives for hospitals, other providers, and
 insurers alongwith any new price transparencyinitiatives or changes made necessaryby the
 No SurprisesAct (Public Law 116-260, 134 Stat. 2758) or any other statutes;
 Oii) to ensure that Americanscan choose health insuranceplans that meet their needs
 and compare plan offerings,implementstandardizedoptions in the national Health Insurance
 Marketplace and any other appropriate mechanisms to improve competition and consumer
 choice;
 (iv) not later than 45 days afterthe date ofthis order, submit a report to the Assistant to
 the President for Domestic Policy and Director ofthe Domestic Policy Council and to the Chair
 of the White House CompetitionCouncil, with a plan to continue the effortto combat
 excessive pricing of prescriptiondrugs and enhance domestic pharmaceutical supply chains,
 to reduce the prices paid by the Federal Governmentfor such drugs, and to addressthe
 recurrent problem of price gouging;
 (v)
 to lower the prices of and improve access to prescriptiondrugs and biologics,
 continue to promote generic drug and biosimilar competition, as contemplatedby the Drug
 Competition Action Plan of2017 and Biosimilar Action Plan of2018 ofthe Food and Drug
 Administration (FDA), including by:
 (A) continuingto clarifyand improve the approval framework for generic drugs and
 biosimilars to make generic drug and biosimilar approval more transparent, efficient, and
 predictable,including improvingand clarifying the standards for interchangeability of
 biological products;
 (B) as authorizedby the Advancing Education on BiosimilarsAct of 2021 (Public Law
 117-8, 135 Stat. 254, 42 US.C. 263-1), supportingbiosimilar productadoption by providing
 effective educational materials and communications to improve understandingofbiosimilar
 and interchangeable products amonghealthcare providers, patients, and caregivers;
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 Executive Order on PromotingCompetition in the AmericanEconomy I The White House
 (C) to facilitatethe development and approval ofbiosimilar and interchangeable
 products, continuingto update the FDA's biologics regulations to clarifyexisting requirements
 and procedures related to the review and submission ofBiologics License Applicationsby
 advancing the "Biologics RegulationModernization" rulemaking(RIN 0910-AIM);and
 (D) with the Chair ofthe FTC, identifyingand addressing any effortsto impede
 generic drug and biosimilar competition, includingbut not limitedto false, misleading,or
 otherwise deceptive statementsabout generic drug and biosimilar products and their safetyor
 effectiveness;
 (vi) to help ensure that the patent system, while incentivizing innovation, does not also
 unjustifiably delaygeneric drug and biosimilar competitionbeyond that reasonably
 contemplatedby applicable law, not later than 45 days after the date ofthis order, throughthe
 Commissionerof Food and Drugs, write a letter to the Under Secretary of Commerce for
 Intellectual Property and Director ofthe United States Patent and TrademarkOffice
 enumeratingand describing any relevant concerns of the FDA;
 (vii) to support the market entry oflower-cost generic drugs and biosimilars, continue
 the implementationofthe lawwidely known as the CREATES Act of2019 (Public Law 116-94,
 133 Stat. 3130), by:
 (A) promptly issuing Covered ProductAuthorizations (CPAs) to assist product
 developers with obtaining brand-drugsamples; and
 (B) issuing guidance to provide additional informationfor industry about CPAs; and
 (viiD through the Administratorofthe Centers for Medicare and Medicaid Services,
 prepare for Medicare and Medicaid coverage of interchangeable biologicalproducts, and for
 payment models to support increased utilization ofgeneric drugs and biosimilars.
 (q) To reduce the cost of covered products to the American consumer without imposing
 additional risk to public health and safety, the CommissionerofFood and Drugs shall work
 with States and Indian Tribes that proposeto develop section 804 Importation Programs in
 accordance with the Medicare PrescriptionDrug, Improvement, and ModernizationAct of
 2003 (Public Law 108-173, 117 Stat. 2066), and the FDA's implementing regulations.
 (r) The Secretary ofCommerce shall:
 (i) actingthrough the Director of the National Institute of Standards and Technology
 (NIST), consider initiatinga rulemakingto require agencies to report to NIST, on an annual
 basis, their contractors' utilization activities, as reportedto the agencies under 35 US.C. 202(c)
 (5);
 OD actingthrough the Director of NIST, consistent with the policiesset forth in section 1
 of this order, consider not finalizing any provisionson march-in rights and productpricing in
 the proposed rule "Rights to FederallyFunded Inventions and Licensingof Government
 Owned Inventions," 86 Fed. Reg. 35 (Jan. 4, 2021); and
 cio not later than lyear after the date ofthis order, in consultationwith the Attorney
 General and the Chair ofthe Federal Trade Commission, conduct a study, including by
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 cdnducting an open and transparent stakeholder consultationprocess, ofthe mobile
 application ecosystem,and submit a report to the Chair ofthe White House Competition
 Council, regardingfindings and recommendationsfor improvingcompetition, reducing
 barriers to entry, and maximizinguser benefit with respectto the ecosystem.
 (s) The Secretary ofDefense shall:
 (i) ensure that the Department ofDefense's assessment of the economic forces and
 structures shaping the capacityofthe national security innovation base pursuantto section
 889(a) and (b) ofthe WilliamM. (Mac) Thornberry National Defense AuthorizationAct for
 Fiscal Year 2021 (Public Law 116-283, 134 Stat. 3388) is consistent with the policyset forth in
 section 1 of this order;
 OD not later than 180 days after the date ofthis order, submit to the Chair ofthe White
 House CompetitionCouncil, a reviewof the state of competitionwithin the defense industrial
 base, including areas where a lack ofcompetitionmay be of concern and any recommendations
 for improvingthe solicitationprocess, consistent with the goal ofthe Competitionin
 Contracting Act of 1984 (Public Law 98-369, 98 Stat. 1175); and
 OiD not later than 180 days after the date ofthis order, submit a report to the Chair of the
 White House CompetitionCouncil, on a plan for avoidingcontract terms in procurement
 agreements that make it challenging or impossible for the Department of Defense or service
 membersto repair their own equipment, particularlyin the field.
 (t) The Director ofthe Consumer Financial Protection Bureau, consistentwith the pro-
 competitionobjectives stated in section 1021 ofthe Dodd-Frank Act, is encouraged to consider:
 (i) commencing or continuinga rulemakingunder section 1033 ofthe Dodd-Frank Act to
 facilitatethe portability of consumer financial transactiondata so consumers can more easily
 switch financial institutions and use new, innovative financial products; and
 OD enforcing the prohibitionon unfair, deceptive, or abusive acts or practices in
 consumer financial products or services pursuant to section 1031 ofthe Dodd-Frank Act so as
 to ensure that actors engaged in unlawful activities do not distort the proper functioning ofthe
 competitive processor obtain an unfair advantage over competitorswho follow the law.
 (u) The Director of the Office of Managementand Budget,throughthe Administratorofthe
 Office of Information and RegulatoryAffairs, shall incorporate into its recommendationsfor
 modernizingand improving regulatoryreview required by my Memorandum ofJanuary20,
 2021 (ModernizingRegulatory Review), the policies set forth in section1 ofthis order,
 includingconsideration ofwhether the effectson competition and the potential for creationof
 barriers to entry should be included in regulatoryimpact analyses.
 (v) The Secretaryofthe Treasury shall:
 O) direct the Omce ofEconomic Policy, in consultationwith the Attorney General, the
 Secretaryof Labor, and the Chair of the FTC, to submit a report to the Chair ofthe White
 House CompetitionCouncil, not later than 180 days after the date ofthis order, on the effects
 of lack of competitionon labor markets; and
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 Executive Order on PromotingCompetition in the AmericanEconomy I The White House
 OD submit a report to the Chair ofthe White House CompetitionCouncil,not laterthan
 270 days after the date ofthis order, assessingthe effectson competitionoflarge technology
 firms' and other non-bank companies' entryinto consumer finance markets.
 Sec. 6. General Provisions.
 (a) This order shall be implemented consistent with applicable law and subject to the
 availability of appropriations.
 (b) Where not already specified,independentagencies are encouraged to comply with the
 requirements ofthis order.
 (c) Nothing in this order shall be construed to impair or otherwise affect:
 0) the authoritygranted by law to an executive department or agency, or the head
 thereof; or
 OD the functionsofthe Director ofthe Office of Managementand Budget relating to
 budgetary,administrative,or legislative proposals.
 (d) This order is not intended to, and does not, create any right or benefit, substantiveor
 procedural,enforceable at law or in equity by any party against the United States, its
 departments,agencies, or entities,its officers,employees, or agents, or anyother person.
 JOSEPH R. BIDEN JR.
 THE WHITE HOUSE,
 July 9, 2021.
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