FTC non-compete ban: Life after Loper and Chevron deference?

Eric Tate, Bonnie Lau, and Maya King published an article in the Daily Journal that explored the future of the Federal Trade Commission (FTC)’s recent Final Non-Compete Clause Rule (the Rule) in the context of Loper Bright and Chevron Supreme Court decisions. The authors discussed challenges to the Rule, such as Ryan v. FTC and ATS Tree Services v. FTC, noting that the direct impact of Loper Bright remains unclear.

The authors wrote, “The Supreme Court’s recent term and hostility to agency interpretation and rulemaking does not bode well for the FTC’s expansive views of its rulemaking powers. Loper Bright has made clear that it will now be the responsibility of the judicial branch to monitor, and if necessary, reject the asserted interpretations of administrative agencies.”

Read the full article (subscription required).