Policy Matters Podcast Episode 33 Part 2: FTC’s Crackdown on Non-Competes Through Agency Rulemaking

Policy issues often have long term widespread and pervasive impact on businesses. Not only can new governmental policies significantly affect the climate for business innovation and growth, they create precedents that affect future legislation and potentially spread across jurisdictions.

Each installment of the Policy Matters Podcast will provide timely updates regarding potential adverse impacts on benefits that policy changes can have on industry growth and offer a preview of what’s next in the competitive marketplace.

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Episode 33 Part 2: FTC's Crackdown on Non-Competes Through Agency Rulemaking

In this episode, Scott, Dan, and Robert discuss the FTC’s authority to issue such a broad proposed regulation, and what constitutional challenges to that authority will likely look like. In addition, we discuss legislation that has been introduced in Congress that would not only do essentially the same thing the FTC’s proposed rule would do, but it would also increase the FTC’s ability to regulate in this space. In a less certain exercise, we pontificate on the likelihood this measure will actually see the President’s desk.