Commissioner Rohit Chopra, a Democrat, wants the Federal Trade Commission (FTC) to write rules defining when noncompete agreements for employees are permissible. He raised the issue last Thursday, September 6, in comments filed ahead of the FTC policy hearings. Chopra believes the FTC should evaluate using the “neglected” power of rulemaking to better enforce antitrust law.
“I see major benefits to the FTC engaging in rulemaking under “unfair methods of competition,” even if the conduct could be condemned under predecessor antitrust laws.” Chopra said on September 6 during the 21st Century hearings. “Rulemaking can create value for the marketplace and benefit the public on all of these fronts.”