Vedder Price

Vedder Thinking | Articles FTC Rule Banning Non-Competes Held to Be Unlawful Agency Action and Set Aside

Publication

Reader View

On August 20, 2024, the U.S. District Court for the Northern District of Texas granted summary judgment in favor of the plaintiff and the plaintiff-intervenors in the case of Ryan, LLC v. Federal Trade Commission, challenging the Federal Trade Commission’s (FTC) ban on post-employment non-compete agreements (Non-Compete Rule). The court concluded that the FTC lacked statutory authority to promulgate the Non-Compete Rule, and that the Non-Compete Rule is arbitrary and capricious. Accordingly, the court set aside the Non-Compete Rule and ordered that it will not be enforceable or take effect on its original effective date of September 4, 2024 or thereafter.



Professionals



Nathaniel Segal

Shareholder



Jacob C. Tiedt

Shareholder



Mark A. Quade

Shareholder



Jake W. Wiesen

Associate



Anthony J. Ashley

Shareholder