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re: How does the FTC have the authority to do this - Non Compete ?
Posted on 4/24/24 at 8:28 am to dafif
Posted on 4/24/24 at 8:28 am to dafif
quote:
But, In this specific scenario, using your super legal brain, what gives the federal government, or an agency of the government, the ability to deal with specific state contract law?
He already answered. The FTC is relying on extremely general and broad language in their enabling legislation to address "unfair and deceptive" practices by anyone engaged in commerce.
The FTC will argue that this gives them the authority to ban non-competes because, in their administrative determination, non-competes are unfair.
I don't agree, but that is what they are relying on to justify their authority. SCOTUS will end up sorting it out.
Posted on 4/24/24 at 12:49 pm to Indefatigable
quote:
He already answered. The FTC is relying on extremely general and broad language in their enabling legislation to address "unfair and deceptive" practices by anyone engaged in commerce.
Their authority is limited to interstate commerce not "commerce ".
Again - how does the fed gov usurp state law with a "regulation "
This post was edited on 4/24/24 at 12:58 pm
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