The FTC’s Noncompete Rule

Analysis

Corbin K. Barthold, “Lina Khan’s New Club,” City Journal, May 16, 2024.

Thomas W. Merrill, “Antitrust Rulemaking: The FTC’s Delegation Deficit,” Administrative Law Review, Vol. 75, No. 2 (Spring 2023).

Gregory J. Werden, “The FTC Lacks Authority for Competition Rulemaking,” Truth on the Market, September 12, 2023.

Richard Pierce, “The FTC Doesn’t Have the Power to Issue Substantive Rules,” Bloomberg Law, August 9, 2023.

Kirti Gupta, Andrei Iancu, and Christ Borges, “Noncompete Agreements, Innovation, and National Security,” Center for Strategic & International Studies, June 7, 2023.

Alden Abbott and Liya Palagashvili, “Policy Spotlight: The Problem with a Federal Ban on Noncompete Agreements,” Mercatus Center, George Mason University, May 23, 2023.

Annie Villanueva Jeffers and Joseph M. Rancour, “The FTC’s Plan to Limit Noncompetes Could Pose an Array of Practical Problems,” Skadden Publication, Spring 2023.

Corbin K. Barthold, “No, Chevron Deference Will Not Save the FTC’s Noncompete Ban,” Truth on the Market, February 14, 2023.

Asheesh Agarwal, “Biden’s Proposed Ban on Noncompete Agreements Ignores the Constitution,” Washington Examiner, February 14, 2023.

David McGarry, “The FTC Wants to Outlaw Noncompete Clauses, but Does It Have the Authority,” Reason, January 12, 2023.

Erik W. Weibust, Peter Steinmeyer, and Stuart Gerson, “After 200+ Years Under State Law, FTC Proposes to Ban Noncompetes in Unauthorized Power Grab,” Washington Legal Foundation, Legal Backgrounder, Vol. 38, No. 1 (January 12, 2023).

Eugene Scalia, “The FTC’s Breathtaking Power Grab Over Noncompete Agreements,” Wall Street Journal, January 12, 2023.

Alden Abbott, “The FTC’s NPRM on Noncompete Clauses: Flirting with Institutional Crisis,” Truth on the Market, January 10, 2023.

Svetlana Gans and Eugene Scalia, “The FTC Heads for Legal Trouble,” Wall Street Journal, August 8, 2022.

Comments

Comments of the Buckeye Institute, April 12, 2023.

Comments of the U.S. Chamber of Commerce, April 17, 2023.

Comments of the Competitive Enterprise Institute, April 18, 2023.

Comments of TechFreedom (Berin Szóka & Corbin Barthold), April 19, 2023.

Comments of TechFreedom (James E. Dunstan), April 19, 2023.

Comments of TechFreedom (Bilal Sayyed), April 19, 2023.

Comments of Scholars of Law & Economics and the International Center for Law & Economics, April 19, 2023.

Comments of the Pacific Legal Foundation, April 19, 2023.

Events

The Federalist Society, “FTC’s Sweeping Non-Compete Ban: Summary, State’s Views, and Litigation Challenges,” May 9, 2024.

The Federalist Society, “The Implications of the FTC’s Proposed Ban on Noncompete Agreements,” Regulatory Transparency Project, March 1, 2023.