Andrew Ferguson supports ending the noncompete rule appeals
Andrew N. FergusonFTC chairman, in a statement joined by Commissioner Melissa Holyoak
Andrew Ferguson backed accepting the rule's vacatur, calling the nationwide ban unlawful and favoring enforcement against specific anticompetitive agreements.
“The Rule’s illegality was patently obvious.”
Official statement
Where this statement fits
Lina Khan defends the FTC's noncompete ban; Andrew Ferguson challenges its authority
The FTC adopted a nationwide noncompete rule in April 2024. Lina Khan defended its benefits and the agency's legal authority. Andrew N. Ferguson argued that Congress had not authorized the rule, regardless of its policy merits. A court blocked enforcement, and the FTC later took steps to dismiss its appeals. The rule is not in effect or enforceable.
Source and context
Official statement
About this source
Ferguson supports accepting vacatur of the nationwide rule while pursuing specific unlawful noncompete agreements.
Archived copy (opens in a new tab)Before the quotation
Ferguson responded to the FTC withdrawing its appeal in Ryan v. FTC and accepting vacatur of the noncompete rule.
After the quotation
He said some noncompete agreements can be harmful and defended bringing enforcement cases against unlawful agreements.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Relative to the nationwide noncompete rule, Ferguson expressly condemns its legality. His support for targeted enforcement does not soften that rejection.
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- Published here
- People and groups discussed
- Federal Trade Commission
More from this case
Read the full caseAndrew Ferguson renews his objection to the nationwide noncompete rule
“I therefore objected to the Biden Administration’s assertion of extraordinary power rather than its assertion about the beneficial effects of the proposed rule.”Read statement
Chris Murphy and colleagues defend the competition benefits of a noncompete ban
“A ban on non-compete clauses would increase competition for existing businesses”Read statement
Khan defends rulemaking authority
“The Commission has the authority to promulgate this rule, based on the plain text of the FTC Act, case law, and statutory history.”Read statement
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The Dispute Index. "Andrew Ferguson supports ending the noncompete rule appeals". First published: 2026-10-16. Last updated: 2026-10-16. https://disputeindex.com/events/5835-andrew-ferguson-backed-accepting-the-rule-s-vacatur