On July 9, 2021, President Biden signed Executive Order 14036 Promoting Competition in the American Economy.  The aim of the order is “to promote the interests of American workers, businesses, and consumers.”

The order establishes the White House Competition Council.  The mission of the council is to “coordinate, promote, and advance Federal Government efforts to address overconcentration, monopolization, and unfair competition in or directly affecting the American economy.” The Council is led by the Assistant to the President for Economic Policy and Director of the National Economic Council, who serves as Chair of the Council.

The council is comprised of the following agency heads:

1. the Secretary of the Treasury;
2. the Secretary of Defense;
3. the Attorney General;
4. the Secretary of Agriculture;
5. the Secretary of Commerce;
6. the Secretary of Labor;
7. the Secretary of Health and Human Services;
8. the Secretary of Transportation; and
9. the Administrator of the Office of Information and Regulatory Affairs.

The order also encourages the FTC to address agreements that may unduly limit workers’ ability to change jobs and specifically to curtail the unfair use of noncompete clauses and other clauses or agreements that may unfairly limit worker mobility.

A copy of Executive Order 14036 can be found here:https://spelusolawoffice.com/wp-content/uploads/2021/07/2021-15069.pdf.