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A little bird (ok, a normal-size adult human being) has asked me a question about the U.S. Supreme Court’s recent decision in Trump v. CASA. It might not be the question on the tip of everyone’s tongue, although it’s a natural one for those interested in competition policy, administrative law, or all things (or at least some things) related to the Federal Trade Commission (FTC). That is, what does—or might—Trump v. CASA mean for the ultimate fate of the FTC’s now-stayed noncompete rule?
Spoiler alert: not much. At least, I shouldn’t think so. Then again, there may be significant implications down the road for other competition matters—especially those involving private plaintiffs.