Tomorrow’s Federal Register will include a statement from Federal Trade Commission (FTC) Chairman Andrew Ferguson detailing the case-by-case enforcement approach the Trump-appointed FTC will pursue regarding the legality of noncompetition and non-solicitation agreements under Section 5 of the Federal Trade Commission Act following the Commission’s vacatur of the Biden-era FTC final rule on noncompetition agreements. The statement is part of a request for comment on a new FTC consent order in a case invalidating an employer’s noncompetition and non-solicitation agreements and placing the company under FTC oversight for 10 years.
