What Everybody’s Missing About the FTC’s Proposed Non-Compete Ban
In the words of Joe Biden, the FTC’s proposed ban on employee non-competes is a big f***ing deal. Bear in mind, it is only a proposed rule, and it is sure to face constitutional challenges. I’m no con law scholar, but I have a hunch the conservative 6-3 majority on the Supreme Court is not going to be psyched about a Democratic administration sweeping aside state non-compete law with the stroke of an administrative pen. But just for grins, let’s put aside the original public meaning of the Sherman Act and assume the FTC’s proposed rule is enacted and survives legal […]