FTC Proposes to Sweep Away All Noncompetites in Unauthorized Federal Power Grab
our colleagues Erik W. Weibust, Peter A. Steinmeyer, and Stuart M. Gershon co-authored an article in the legal backgrounder, published by the Washington Legal Foundation, titled “After 200+ Years Under State Law, FTC Proposes to Sweep Away All Noncompetites in Unauthorized Federal Power Grab.”
Following is an excerpt:
For over 200 years, the regulation of non-competition agreements (“non-competitions”) has been entirely the province of state law. Forty-seven states currently permit noncompetes, and the most recent state to ban them was Oklahoma in 1890. Yet the Biden Administration and its activist Federal Trade Commission (“FTC”) Chair want to do exactly that …


