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No, Chevron Deference Will Not Save the FTC’s Noncompete Ban

TOTM The Federal Trade Commission (FTC) announced in a notice of proposed rulemaking (NPRM) last month that it intends to ban most noncompete agreements. Is that a good . . .

The Federal Trade Commission (FTC) announced in a notice of proposed rulemaking (NPRM) last month that it intends to ban most noncompete agreements. Is that a good idea? As a matter of policy, the question is debatable. So far as the NPRM is concerned, however, that debate is largely hypothetical. It is unlikely that any rule the FTC issues will ever take effect.

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Antitrust & Consumer Protection

Brian Albrecht Discusses Noncompete Agreements on the Cato Daily Podcast

Presentations & Interviews ICLE Chief Economist Brian Albrecht joined the Cato Daily Podcast to discuss non?compete agreements in labor markets: why they exist, how they work, and the . . .

ICLE Chief Economist Brian Albrecht joined the Cato Daily Podcast to discuss non?compete agreements in labor markets: why they exist, how they work, and the Federal Trade Commission’s proposal to ban them. The full episode is embedded below.

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Antitrust & Consumer Protection

Brian Albrecht on the FTC’s New Ban on Noncompete Agreements

Presentations & Interviews ICLE Chief Economist Brian Albrecht was a guest on the Federal Drive with Tom Temin podcast to discuss new rules proposed by the Federal Trade Commission . . .

ICLE Chief Economist Brian Albrecht was a guest on the Federal Drive with Tom Temin podcast to discuss new rules proposed by the Federal Trade Commission (FTC) to ban workplace noncompete agreements. The full episode is embedded below.

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Antitrust & Consumer Protection

Biweekly FTC Roundup: A Guide for the Perplexed Edition

TOTM In a prior post, I made the important if wholly unoriginal point that the Federal Trade Commission’s (FTC) recent policy statement regarding unfair methods of competition (UMC)—perhaps a . . .

In a prior post, I made the important if wholly unoriginal point that the Federal Trade Commission’s (FTC) recent policy statement regarding unfair methods of competition (UMC)—perhaps a form of “soft law”—has neither legal force nor precedential value. Gus Hurwitz offers a more thorough discussion of the issue here.

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Antitrust & Consumer Protection

Why I’m a Skeptic of a Noncompete Ban

TOTM Under a recently proposed rule, the Federal Trade Commission (FTC) would ban the use of noncompete terms in employment agreements nationwide. Noncompetes are contracts that workers . . .

Under a recently proposed rule, the Federal Trade Commission (FTC) would ban the use of noncompete terms in employment agreements nationwide. Noncompetes are contracts that workers sign saying they agree to not work for the employer’s competitors for a certain period. The FTC’s rule would be a major policy change, regulating future contracts and retroactively voiding current ones. With limited exceptions, it would cover everyone in the United States.

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Antitrust & Consumer Protection

Gus Hurwitz on Noncompetes and the FAA’s System Outage

Presentations & Interviews ICLE Director of Law & Economics Programs Gus Hurwitz joined Steptoe & Johnson LLP’s The Cyberlaw Podcast, offering two explanations for the Federal Aviation Administration recent . . .

ICLE Director of Law & Economics Programs Gus Hurwitz joined Steptoe & Johnson LLP’s The Cyberlaw Podcast, offering two explanations for the Federal Aviation Administration recent system outage, which grounded planes across the country, as well as puzzling over the Federal Trade Commission’s peculiar determination to write regulations that will outlaw most non-compete clauses. The full podcast episode is embedded below.

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Antitrust & Consumer Protection

FTC Proposal Jumps the Gun on Banning Noncompetes

Popular Media The U.S. economy has a new labor regulator. Under a just-unveiled proposed rule, the Federal Trade Commission would ban the use of noncompete terms in . . .

The U.S. economy has a new labor regulator. Under a just-unveiled proposed rule, the Federal Trade Commission would ban the use of noncompete terms in employment agreements nationwide.

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Antitrust & Consumer Protection

The FTC’s Noncompete Rule: Shouldn’t Doesn’t Mean Can’t, but Maybe It Should

TOTM Former U.S. Labor Secretary Gene Scalia games out the future of the Federal Trade Commission’s (FTC) recently proposed rule that would ban the use of . . .

Former U.S. Labor Secretary Gene Scalia games out the future of the Federal Trade Commission’s (FTC) recently proposed rule that would ban the use of most noncompete clauses in today’s Wall Street Journal.

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Antitrust & Consumer Protection

Biweekly FTC Roundup: Highly Skilled Sandwich Maker Edition

TOTM Happy New Year? Right, Happy New Year! The big news from the Federal Trade Commission (FTC) is all about noncompetes. From what were once the realms of . . .

Happy New Year? Right, Happy New Year!

The big news from the Federal Trade Commission (FTC) is all about noncompetes. From what were once the realms of labor and contract law, noncompetes are terms in employment contracts that limit in various ways the ability of an employee to work at a competing firm after separation from the signatory firm. They’ve been a matter of increasing interest to economists, policymakers, and enforcers for several reasons. For one, there have been prominent news reports of noncompetes used in dubious places; the traditional justifications for noncompetes seem strained when applied to low-wage workers, so why are we reading about noncompetes binding sandwich-makers at Jimmy John’s?

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Antitrust & Consumer Protection