Andrew N. Ferguson
Role at the time: FTC commissioner at the time, joined by Melissa Holyoak
Condemned
Statement summary
Ferguson argues that the rule exceeds the FTC's lawful authority regardless of policy wisdom.
“Whatever the Final Rule’s wisdom as a matter of public policy, it is unlawful. Congress has not authorized us to issue it. The Constitution forbids it. And it violates the basic requirements of the Administrative Procedure Act.”
Read the original text (opens in a new tab)Ferguson and Holyoak dissent from noncompete rule · Federal Trade CommissionPage 1 and authority analysis
Ferguson argues the rule is unlawful regardless of its policy merits. Melissa Holyoak joins the dissent.
Archived copy (opens in a new tab)Why we used this label
The reference point is the FTC's nationwide rule. Ferguson expressly rejects its lawfulness, without necessarily defending every noncompete agreement.