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ARTICLE · 26 APRIL 2024

A Viewer's Guide To FTC's Vote On Banning Noncompete Clauses

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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The Federal Trade Commission will hold the most important meeting of this administration at 2 PM EDT Tuesday April 23, 2024.

United StatesAntitrust/Competition Law
William C. MacLeod
William C. MacLeod

The Federal Trade Commission will hold the most important meeting of this administration at 2 PM EDT Tuesday April 23, 2024. Commissioners will decide whether to issue a rule that declares most noncompete clauses in employment contracts unfair methods of competition. Kelley Drye published my backgrounder on the proposal here. The deliberation and decision will be streamed live from www.FTC.gov. We will be watching and posting updates on LinkedIn and (Twitter)X.

It has been fifty years since the FTC issued a competition rule, and then only as an adjunct to a conventional consumer-protection measure. The lone rule required octane disclosures on gas pumps. Since then, FTC officials disclaimed competition rulemaking authority and the agency aligned its competition policy with the larger body of antitrust law.

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