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July 08, 2024
Cadwalader antitrust counsel Bilal Sayyed spoke with the Global Competition Review about a July 3 Texas district court issuing the first judicial challenge to the FTC’s authority to promulgate a non-compete rule.
Bilal, who formerly directed the FTC’s Office of Policy Planning, noted the commisison’s move after the recent decision – to reassert in a statement that it has the authority to make substantive rules governing unfair methods of competition under Section 6(g) of the FTC Act – wasn’t convincing. He went on the share that the commission appeared to ignore valid criticism about the ground on which their claims of authority stood when issuing the rulemaking.
“They needed to take the concerns seriously and try to find some other path, because otherwise they would waste resources on something that was not likely to succeed,” he added.
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