Nevertheless, noncompetes have trundled on, with neither Congress nor the administration having courage to act - until now. Khan's proposed rule bypasses Congressional inaction by invoking powers that she already has, under #Section5 of the #FederalTradeCommissionAct.

Section 5 gives the FTC broad powers to prohibit "unfair methods of competition" - an incredibly broad power to wield, and one that the FTC hasn't bothered to use since the 1970s (!):

https://casetext.com/case/national-petroleum-refiners-assn-v-f-t-c

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