Antitrust and intellectual property experts say FTC non-compete rules unlikely to survive legal action

Antitrust and intellectual property experts have said the Federal Trade Commission’s rule barring employers from forcing noncompete agreements on their employees is unlikely to be upheld in court. Last week, a federal judge in Texas issued a preliminary injunction halting enforcement of the regulation.

“I think the chances of the FTC rule ever becoming law are slim and getting slimmer,” he said. Douglas Ross, professor of antitrust law at the University of Washington.