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Here’s why the FTC thinks its non-compete rule will survive a legal challenge

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Last week, the Federal Trade Commission responded to efforts by a Texas business and the U.S. Chamber of Commerce to convince a Texas federal judge to block the Federal Trade Commission’s final Non-compete Rule, which would impose a comprehensive ban on new non-competes with all workers, including senior executives.

The FTC’s brief is 54 pages long. I’ll dissect it for you in a few hundred words.

The challenge to the FTC’s rule won’t succeed.

The FTC spends most of its brief arguing that its non-compete ban is lawful. More specifically, the FTC posits that Congress delegated authority to the FTC under the

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