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A 2023 petition to the FTC to ban non-compete agreements estimated that about 30 million workers (about 20% of all U.S. workers) were subject to a noncompete clause. [3] While higher-wage workers are comparatively more likely to be covered by non-compete clauses, non-competes covered 14 percent of workers without college degrees in 2018. [4]
The Federal Trade Commission’s decision this past week to outlaw nearly all noncompete agreements is a high-stakes shift in US law that could restructure the balance of power between businesses ...
‘Regardless of what happens with the rule … everybody’s talking about it.’
[42] [43] On August 20, 2024, a federal court in Texas overturned the FTC's ban on non-compete agreements, which was originally scheduled to take effect on September 4, 2024. [44] U.S. District Judge Ada Brown said the FTC did not have the authority to issue the ban, which she said was "unreasonably overbroad without a reasonable explanation."
On April 23, 2024, the Federal Trade Commission (FTC) issued a ban on nearly all non-compete agreements. [ 39 ] [ 40 ] The rule was published on the Federal Register on May 7 and was to go into effect on September 4, 2024.
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Chief Counsel for Competition Policy and Intergovernmental Relations, DOJ Antitrust Division [48] Joseph Simons: Republican May 1, 2018 – January 29, 2021 Director, FTC Bureau of Competition [43] Rohit Chopra: Democratic May 2, 2018 – October 12, 2021 CFPB Assistant Director Noah J. Phillips: Republican May 2, 2018 – October 14, 2022
The court distinguished between naked restraints of trade and those ancillary to the legitimate main purpose of a lawful contract and reasonably necessary to effectuation of that purpose. [12] An example of the latter would be a non-competition clause associated with the lease or sale of a bakeshop, as in the Mitchel case. Such a contract ...
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