FTC Shifts to Case-by-Case Scrutiny of Noncompete Agreements Amid Abandonment of Categorical Ban
Over a two-day span, the Federal Trade Commission (FTC) recently provided a preview of its shift in approach to noncompete agreements. Rather than seeking to revive its 2024 rule that would have banned most post-employment noncompetes, the agency announced it will pivot to case-by-case enforcement actions against employers. This new direction follows the FTC’s decision to drop its appeals of the now-defunct rule. We outline these important developments below. FTC…

