Andrew Ferguson renews his objection to the nationwide noncompete rule
Andrew N. FergusonFTC chairman, speaking in his own capacity at an FTC workshop
Andrew Ferguson said his objection concerned the FTC's asserted power to impose the ban, while favoring enforcement against anticompetitive noncompete agreements.
“I therefore objected to the Biden Administration’s assertion of extraordinary power rather than its assertion about the beneficial effects of the proposed rule.”
Original text
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
Original text
About this source
Ferguson explains his objection to the nationwide rule and his preference for enforcement against specific anticompetitive agreements. The remarks identify the views as his own.
Before the quotation
In prepared remarks for a noncompete workshop, Ferguson said he accepted that such agreements can have anticompetitive effects.
After the quotation
He proposed focusing enforcement on agreements that lack a procompetitive purpose or are not narrowly tailored to one.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Relative to the nationwide FTC rule, Ferguson rejects the asserted regulatory power. He separately favors enforcement against specific unlawful agreements.
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- Published here
- People and groups discussed
- Federal Trade Commission
More from this case
Read the full caseChris 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
Andrew Ferguson supports ending the noncompete rule appeals
“The Rule’s illegality was patently obvious.”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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- Andrew Ferguson renews his objection to the nationwide noncompete rule
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The Dispute Index. "Andrew Ferguson renews his objection to the nationwide noncompete rule". First published: 2026-10-16. Last updated: 2026-10-16. https://disputeindex.com/events/5837-andrew-ferguson-said-his-objection-concerned-the-ftc