The Legality of the FTC's Noncompete Ban Is Less Certain Than Mansur and Posner Suggest
Document Type
Article
Publication Date
6-13-2024
Abstract
Gus Hurwitz replies to Jonathan Masur and Eric Posner’s May 8 article defending the Federal Trade Commission’s Congressional mandate to enforce a rule banning noncompetes. He argues that Congressional responses to FTC rulemaking in the 1970s suggest courts are unlikely to find that the FTC possesses such authority, either as a matter of statutory interpretation or under the major questions doctrine.
Publication Title
ProMarket
Repository Citation
Hurwitz, Gus, "The Legality of the FTC's Noncompete Ban Is Less Certain Than Mansur and Posner Suggest" (2024). Articles. 424.
https://scholarship.law.upenn.edu/faculty_articles/424