Oh boy, judges will now get the final say on setting detailed policy. I’m thrilled. This is just another chapter in the ongoing debate over the balance of power between federal agencies and the judiciary. Given how the courts, especially the Supreme Court, have been ruling lately, I’m not a happy camper.
The FTC isn’t happy, either. I expect it will appeal. (I don’t have high hopes for their chances with the current Supreme Court.) In any case, the FTC will continue to address non-compete agreements through case-by-case enforcement actions. The chances it will have much success are slim, but we live in hope.
While the FTC contemplates its next steps, businesses and employees remain in a state of limbo regarding the fate of non-compete agreements. I expect businesses will hang on to their agreements until the FTC or the courts pry their cold dead fingers off them.