The Evidentiary Foundations of the Federal Trade Commission’s Non-Compete Rule
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On May 7, 2024, the Federal Trade Commission (FTC) published its final rule on non-compete agreements. The rule essentially bans non-compete agreements in new employment contracts and continues to face challenges. Some assert the FTC does not have the authority to pass and enforce such limitations.
James Langenfeld, Chris Ring, Mary Wilson Grist, and Aneesh Kudrimoti review the rulemaking process that resulted in the decision and evaluate the strength of evidence the FTC relied on to justify prohibiting non-competes for low- and high-skilled workers.
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