U.S. Federal Trade Commission building. Photo: Diego M. Radzinschi/ALM FTC Proposes Rule Banning Noncompete Clauses With Workers
"We anticipate interested parties will argue the FTC has exceeded the scope of its authority and such a rule is within the province of the United States Congress, not a federal agency," says C. Larry Carbo III, Kellen Scott and AJ Foreman of Chamberlain Hrdlicka.
January 12, 2023 at 07:24 AM
6 minute read
Employment Law
Late last year, the Federal Trade Commission issued a policy statement that superseded its prior policy statements and guidance concerning the FTC's interpretation of the scope and meaning of unfair methods of competition as addressed in the Federal Trade Commission Act. The FTC indicated it would no longer follow the "rule of reason" inquiry and, instead, focus on trying to stop unfair methods of competition "in their incipiency based on their tendency to harm competitive conditions."
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