FTC Should Leave Regulation Of Noncompetes To States

Law360 (April 3, 2020, 5:48 PM EDT) -- The Federal Trade Commission has been tasked with investigating whether it should regulate employee noncompete agreements.[1]

The answer is no, it should not.

On March 11, we, together with 21 lawyers from around the country,[2] submitted testimony to the FTC explaining why.[3]

In sum, we explained that noncompetes have been regulated by the states for over 200 years, and all 50 states have made policy decisions that make sense for their citizens and their economies.[4] In more than 30 of those states, legislatures have recently been reevaluating their law, with different outcomes that balance competing interests in a way that reflects...

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