News & Analysis as of

FTC Act Enforcement Actions Non-Compete Agreements

Vinson & Elkins LLP

FTC Labor Market Task Force: A Surprising Continuation of Biden-Era Priorities

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On February 26, 2025, the Federal Trade Commission (“FTC”) announced the formation of a Joint Labor Task Force aimed at addressing deceptive, unfair, and anticompetitive practices impacting labor markets. The FTC signaled an...more

Polsinelli

2024 Recap of Franchise Developments and 2025 Trends to Watch

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There were a number of important and potentially impactful developments in 2024 that we predict will continuing developing and trending in 2025. Some of these topics are also discussed in other articles in this annual update....more

Bradley Arant Boult Cummings LLP

New Chairman of the FTC: Can You Compete?

The Federal Trade Commission has a new chairman — Andrew Ferguson. Prior to becoming chairman, Ferguson was sworn in as an FTC commissioner in April 2024 under then-President Joe Biden. Ferguson’s designation as chairman may...more

Jenner & Block

Client Alert: The Rule Is Dead

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On Tuesday, President-Elect Trump named Andrew Ferguson as incoming Federal Trade Commission (FTC) Chair. After earning his law degree from the University of Virginia, Mr. Ferguson clerked on the DC Circuit and for Supreme...more

A&O Shearman

District Courts Split On Federal Trade Commission’s Non-Compete Clause Rule

A&O Shearman on

On July 23, 2024, Judge Kelley Brisbon Hodge of the United States District Court for the Eastern District of Pennsylvania denied plaintiff’s motion for a preliminary injunction seeking to enjoin the Federal Trade Commission...more

White & Case LLP

Uncertainty Remains More Than One Year After the FTC Announces New “Unfair Methods of Competition” Policy

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On November 10, 2022, the Federal Trade Commission announced a significant change in how the FTC plans to enforce Section 5 of the FTC Act, which bans "unfair methods of competition in or affecting commerce." In doing so, the...more

Jenner & Block

Non-Competes Under Attack

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In January 2023, the Federal Trade Commission (FTC) issued a proposed rule that would render virtually all non-competes, including even most agreed to as part of a sale of a business, unfair methods of competition and,...more

Goodwin

Antitrust and Competition Healthcare Quarterly Update Q4 2022

Goodwin on

The Impact of the FTC’s Proposed Sweeping Ban on Non-Competes - On January 5, 2023, the United States Federal Trade Commission (FTC) proposed a new rule (the Proposed Rule) that would define an employer’s use of...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

DarrowEverett LLP on

On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

Mintz - Employment Viewpoints

FTC Seeks to Ban Non-Competes: What it Means for Businesses & Employees

What happened: The Federal Trade Commission is seeking to ban non-compete agreements nationwide. Why it matters to employers: If the rule goes into effect and withstands legal challenges (a big if), the impact on...more

BakerHostetler

FTC Seeks to Ban Non-Compete Restrictions in Employment Contracts

BakerHostetler on

On Jan. 5, the Federal Trade Commission voted 3-1 to propose a new rule under Section 5 of the Federal Trade Commission Act that would largely ban non-compete agreements between employers and employees. If passed, the...more

Jenner & Block

Client Alert: The FTC Proposes Ban on Non-Competes

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The FTC Breaks its Silence Following Biden’s Executive Order - On January 5, 2023, the Federal Trade Commission (FTC) proposed a sweeping new rule which, if enacted in its draft form, would ban virtually all...more

Proskauer - Law and the Workplace

FTC Enforcement Action Limits Noncompetition Agreements in “Sale of Business” Transactions

On July 9, 2021, President Biden issued an Executive Order, in which he described the nation’s antitrust laws as the “first line of defense against the monopolization of the American economy” and encouraged the Federal Trade...more

Foley & Lardner LLP

President Biden’s Executive Order on Competition Could Mean Broad Changes Across a Range of Industries

Foley & Lardner LLP on

On Friday, July 9, 2021, President Biden issued a sweeping Executive Order that could have far-reaching implications for businesses across a broad spectrum of industries. The Executive Order takes a government-wide approach...more

Jones Day

FTC Sues e-Prescriptions Company in Rare Monopolization Case

Jones Day on

The Situation: The Federal Trade Commission ("FTC") recently filed a rare monopolization case, alleging that a health information technology company illegally monopolized two e-prescribing markets. The Impact: The FTC...more

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