Document Type
Article
Publication Date
6-2024
Abstract
On April 23, 2024, the FTC finalized a trade regulation rule prohibiting employers from enforcing non-compete agreements against workers. In response, business groups sued and Daniel Crane, a law professor at the University of Michigan, published a piece in Notice and Comment that reported on the views of 17 anonymous online volunteers regarding the fate of the rule in the courts. All but one of the volunteers, drawn from law professor listservs, predicted the law would be struck down, either based on the “Major Questions Doctrine” (MQD) or for lack of authority to promulgate substantive rules governing unfair methods of competition (UMC).
Disciplines
Administrative Law | Antitrust and Trade Regulation | Law
Recommended Citation
Lev Menand & Tim Wu,
On the FTC’s Authority to Promulgate Trade Regulation Rules,
Yale J. on Reg. Notice & Comment, June 6, 2024
(2024).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4797