Antitrust Agency Insights: Developments At The U.S. Antitrust Enforcement Agencies — Third Quarter 2024

Letter From the Editors

Despite FTC's Non-Compete Ban Being Enjoined, Companies Still Must Be Mindful of Non-Compete Employment Provisions

For much of 2023 and 2024, the U.S. Federal Trade Commission's (FTC or Commission) efforts to prohibit non-compete agreements between companies and workers garnered significant attention. Since the FTC's final rule prohibiting many non-competes between companies and workers (the Final Rule or Non-Compete Ban)¹ was finalized in April 2024, there have been multiple challenges to its enforceability — particularly as it relates to the ability of the FTC to make and enforce substantive rules regarding unfair methods of competition. In the last few months, federal courts have now weighed in. Most notably, on August 20, 2024, the U.S. District Court for the Northern District of Texas issued an order to enjoin the FTC from enforcing the Non-Compete Ban nationwide.² While the FTC's Non-Compete Ban has been enjoined, companies still