What the End of Chevron Means for FTC Rulemaking

July 19, 2024

Cadwalader antitrust counsel Bilal Sayyed spoke with Law360 about the U.S. Supreme Court’s recent Chevron decision and its impact on the Federal Trade Commission’s noncompetes ban and other efforts, published today.

While the FTC has not relied on Chevron deference to defend the noncompetes ban, Bilal, a former head of the agency's Office of Policy Planning, said the end of the doctrine fits in with general pushback on the questions courts will let the federal bureaucracy decide.

"The atmosphere was always bad for them, given those developments," Bilal shared with Law360. But the end of Chevron "makes it stronger."

Read the article here. (subscription may be required)