News & Analysis as of

FTC Act Restrictive Covenants Enforcement Actions

Wiley Rein LLP

FTC Takes on Noncompete Agreements as New State Laws Take Effect

Wiley Rein LLP on

Noncompete agreements are the focus of a new enforcement activity by the FTC this month while states continue to restrict their use. Below are key takeaways for all employers who use noncompete agreements and further...more

Kilpatrick

FTC’s Rule Banning Non-Competes is Benched, But Enforcement Actions Are in Play

Kilpatrick on

This Alert is the latest installment in our reporting on the Federal Trade Commission’s (“FTC”) 2024 rule banning non-competes and the future of the Commission’s strategy for regulating the use of restrictive covenants in the...more

Proskauer - Law and the Workplace

FTC Signals Forthcoming Non-compete Enforcement Actions

On September 4, 2025, the FTC announced an enforcement action and proposed settlement with Gateway Pet Memorial Services (the “Company”), a pet cremation company, over the Company’s overuse of post-employment non-competes...more

Troutman Pepper Locke

FTC Stakes Out Its Position on Worker Noncompetes

Troutman Pepper Locke on

Three nearly simultaneous actions of the Federal Trade Commission (FTC) confirmed its intentions with respect to employee noncompetes. In the first two related actions, the FTC indicated it will not defend its 2024 rule...more

Stevens & Lee

FTC Ends Defense of Its Noncompete Ban and Announces Enforcement Initiatives

Stevens & Lee on

As anticipated, a recently reconstituted Federal Trade Commission (FTC or Commission) announced on Friday that it would no longer defend its previously issued rule (Rule) banning most noncompete agreements. See our prior post...more

White & Case LLP

Update: FTC Abandons Non-Compete Rule and Simultaneously Initiates Targeted FTC Noncompete Enforcement Action

White & Case LLP on

On September 4, 2025, the US Federal Trade Commission filed an enforcement action and simultaneous proposed settlement against a pet cremation company for abuse of employer-employee post-termination non-competes as an...more

UB Greensfelder LLP

FTC Moves to Protect Workers from Anticompetitive Agreements by Issuing Action Against Gateway Services

UB Greensfelder LLP on

The Federal Trade Commission’s (FTC’s) non-compete rule may be effectively dead, but the agency’s focus on non-compete agreements is very much alive. In February, FTC Chairman Andrew Ferguson launched a Joint Labor Task Force...more

Polsinelli

2024 Recap of Franchise Developments and 2025 Trends to Watch

Polsinelli on

There were a number of important and potentially impactful developments in 2024 that we predict will continuing developing and trending in 2025. Some of these topics are also discussed in other articles in this annual update....more

Goodwin

Antitrust and Competition Healthcare Quarterly Update Q4 2022

Goodwin on

The Impact of the FTC’s Proposed Sweeping Ban on Non-Competes - On January 5, 2023, the United States Federal Trade Commission (FTC) proposed a new rule (the Proposed Rule) that would define an employer’s use of...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

DarrowEverett LLP on

On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

Mintz - Employment Viewpoints

FTC Seeks to Ban Non-Competes: What it Means for Businesses & Employees

What happened: The Federal Trade Commission is seeking to ban non-compete agreements nationwide. Why it matters to employers: If the rule goes into effect and withstands legal challenges (a big if), the impact on...more

BakerHostetler

FTC Seeks to Ban Non-Compete Restrictions in Employment Contracts

BakerHostetler on

On Jan. 5, the Federal Trade Commission voted 3-1 to propose a new rule under Section 5 of the Federal Trade Commission Act that would largely ban non-compete agreements between employers and employees. If passed, the...more

Jenner & Block

Client Alert: The FTC Proposes Ban on Non-Competes

Jenner & Block on

The FTC Breaks its Silence Following Biden’s Executive Order - On January 5, 2023, the Federal Trade Commission (FTC) proposed a sweeping new rule which, if enacted in its draft form, would ban virtually all...more

Proskauer - Law and the Workplace

FTC Enforcement Action Limits Noncompetition Agreements in “Sale of Business” Transactions

On July 9, 2021, President Biden issued an Executive Order, in which he described the nation’s antitrust laws as the “first line of defense against the monopolization of the American economy” and encouraged the Federal Trade...more

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