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by blackeyeblitzar 716 days ago
> "While this order is preliminary, the Court intends to rule on the ultimate merits of this action on or before August 30, 2024," she wrote.

> In its complaint, Ryan LLC accused the FTC of overstepping its statutory authority in declaring all noncompetes unfair and anticompetitive.

> Judge Brown agreed, writing, "The FTC lacks substantive rulemaking authority with respect to unfair methods of competition."

> Through a statement Wednesday evening, the FTC said its authority is supported by both statute and precedent.

I’m not entirely against this outcome. Things that have big impact or are controversial or are visible enough to warrant public discussion should just be acted on by congressional legislation rather than assumed executive authority.

That said I think noncompetes and similar restrictions on employees are too broad and go too far in practice. They are essentially anti competitive. Still, the main problem for competition is the size and capital of incumbent mega corporations, and not JUST their noncompetes. The FTC needs to do something about that.

1 comments

IMHO we already have good evidence about the harm to corporations we can expect to see by banning non-competes. California banned them in 1941 and everybody can see how no big business, especially tech businesses, want to be in California.
California’s legislature declared that they were contrary to public policy. It wasn’t an executive or judicial decision nor should it be. In the American system the legislature is the policy making body as well it should be on account of being the most democratic.
Not that I believe this, but it’s always possible there would have been even more economic success, and that the historical success is despite the ban not because of it.
No, I don't think so. Leaving a crappy company and taking one's skills to another that knows what it's doing is how the Valley's thrived. A noncompete would prevent that.

Dumb middle managers drive out the good people in CA. It's as simple as that. If they could prevent the good people from plying their trade elsewhere, there'd be no discipline on them at all.

How much innovation and small business is happening in industries where noncompetes are commonplace and how do salaries look?
did you forget your /s?