Chamber of Commerce Sues FTC to Block Non-Compete Rule

Federal Trade Commission’s (FTC) ban on noncompete agreements. Ryan weighs in on legal challenges to the Ryan Qullian’s commentary was included in a Global Competition Review article exploring the ban, one of which was brought by the U.S. Chamber of Commerce.

Ryan said the significance of the two lawsuits challenging the rule depends on what issues these courts rule on. He explained that striking down the rule under the APA could have a pretty narrow impact, whereas there would be major implications if a judge finds the agency lacks the constitutional or statutory authority to write antitrust rules. A court may even take up questions of whether the agency itself is constitutional, but that is “pretty unlikely”, he said.