The Federal Trade Commission recently proposed a rule that would ban non-compete clauses in employment contracts. While the Commission’s attempt to ban them raises important questions about the continued use of NCAs, its assertion of authority will be challenged and is unlikely to survive judicial review. The FTC’s proposal is simple to understand: most NCAs are presumptively anticompetitive and are banned. The rule applies to all future employment contracts along with those currently in existence. The debate over NCAs is important, especially regarding the circumstances and occupations in which they may be inappropriate, but it belongs with the elected branches of government,
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