FTC Bans Worker Non-Compete Rules
Tuesday’s vote fell along partisan lines with the FTC’s three Democrats in favor and the agency’s Republicans opposed. Melissa Holyoak, the former solicitor general of Utah who joined the agency last month, said she was opposed to the rule because there was “no clear congressional authorization” for the FTC to issue it. Republican Andrew Ferguson also voted against the rule, saying he was sympathetic to the policy in the rule but doesn’t believe courts will uphold the FTC’s rulemaking authority. “The administrative state cannot legislate because Congress declines to do so,” Ferguson said. In a call with reporters Monday, the Chamber’s Chief Policy Officer Neil Bradley said the FTC doesn’t have the authority to issue the rule. ‘Micromanaging’ Economy The rule “opens up a Pandora’s box where this commission or future commissions could be literally micromanaging every aspect of the economy,” Bradley said. “Agencies can’t exercise authority that Congress hasn’t given them. Congress has not given the FTC the ability to write regulations with respect to competition.” The agency’s Democrats, however, maintain that the FTC does have authority to issue rules defining unfair methods of competition. The final rule also rejected the idea that the agency doesn’t have the authority to issue...