Why I’m a Skeptic of a Noncompete Ban
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 . . .
Why I’m a Skeptic of a Noncompete Ban
Fixing the Procedural Infirmities in the DMA’s Draft Implementing Regulation
Just before Christmas, the European Commission published a draft implementing regulation (DIR) of the Digital Markets Act (DMA), establishing procedural rules that, in the Commission’s own words, . . .
The FTC’s Noncompete Rule: Shouldn’t Doesn’t Mean Can’t, but Maybe It Should
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 . . .
Biweekly FTC Roundup: Highly Skilled Sandwich Maker Edition
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 . . .
Does the DOJ’s Approach in Gonzalez Point the Way Toward Section 230 Reform?
Later next month, the U.S. Supreme Court will hear oral arguments in Gonzalez v. Google LLC, a case that has drawn significant attention and many bad . . .
GDPR Decision Against Meta Highlights that Privacy Regulators Don’t Understand ‘Necessity’
The €390 million fine that the Irish Data Protection Commission (DPC) levied last week against Meta marks both the latest skirmish in the ongoing regulatory war on . . .
The FTC’s NPRM on Noncompete Clauses: Flirting with Institutional Crisis
The Federal Trade Commission’s (FTC) Jan. 5 “Notice of Proposed Rulemaking on Non-Compete Clauses” (NPRMNCC) is the first substantive FTC Act Section 6(g) “unfair methods . . .
Knowledge, Decisions, and Noncompetes
One of my favorite books is Thomas Sowell’s Knowledge and Decisions, in which he builds on Friedrich Hayek’s insight that knowledge is dispersed throughout society. Hayek’s . . .
FTC Proposes Rule Deeming Non-Compete Clauses to be Unfair Methods of Competition
On Jan. 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) to prohibit employers from entering non-compete clauses with workers. The proposed rule . . .