5. If Lina Khan's FTC Bans Noncompete Clauses, What Happens Next?

In the conclusion of UnCommon Law's season-long exploration of noncompete agreements, we look at the Federal Trade Commission's authority to ban the clauses nationwide.

We’ve reviewed how the ban would work and explored the policy arguments for and against it. Now we delve into a more fundamental question: Does the FTC even have the power to make a substantive rule like this one?

It's been 50 years since the DC Circuit Court of Appeals ruled that the FTC has substantive rulemaking power. We’ll learn about that case — National Petroleum Refiners Association v. FTC — we’ll find out why it’s so important to the FTC, and we’ll hear why many believe it would not turn out the same way today.

But that's not all! Even if courts follow National Petroleum, could the FTC get past the major questions doctrine?

The season finale of UnCommon Law features:

• Richard Pierce, professor at the George Washington University Law School
• Dan Papscun, antitrust reporter for Bloomberg Law
• Sean Heather, senior vice president at the U.S. Chamber of Commerce
• Sandeep Vaheesan, legal director at the Open Markets Institute
• Orly Lobel, professor at the University of San Diego School of Law
• Matt's baby

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Host/Producer: Matthew S. Schwartz

Editor/Executive Producer: Josh Block

Cover Art: Jonathan Hurtarte