The “non-compete ban” proposed by the Federal Trade Commission (FTC) has been the subject of much discussion and debate since the FTC issued its notice of proposed rulemaking on Jan. 5, 2023.  On its face, the proposed rule (the Rule) would supersede any state law, regulation, or interpretation which is inconsistent with the final rule.

As with virtually all federal rulemaking, the public can submit comments on the Rule, through April 19, 2023.  This deadline has already been extended once and given the interest in this topic and the expected number of comments, it could be extended again.

The Proposed Rule