New FTC Rulemaking Seeks to Ban Most Non-Competes

FTC proposes a new rule that would ban non-competes in most situations; brings enforcement actions challenging non-competes as unfair methods of competition.

On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (the Proposed Rule) that would ban post-termination non-compete clauses and require employers to rescind existing ones, while also significantly limiting deal-based non-compete clauses.

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