If non-compete agreements aren't overreach, then how is banning them?

If non-compete agreements aren't overreach, then how is banning them?

Eleventh Circuit allows Antitrust claims against Burger King to proceed based on the theory that there is no agency relationship between the company and its franchisees. Analogizes the franchises to NFL franchises. It’s a fine outcome, but I don’t buy the analogy.
#law #contracts #litigation #Antitrust #noncompetes
https://www.contractsprofblog.com/2025/10/burger-king-franchises-like-nfl-franchises-must-compete/
Dave Hoffman (@hoffprof.bsky.social) posted his thoughts on three recent publication on his Substack, Contracts’ Empire. Short post today encouraging readers to go pay a visit to read his views.
A tale of the FTC non-compete ban in two cities. In Philly, it was the best of times for agencies; in Dallas it was the worst of times. Who is right depends on which constitution applies. That of 1935, or that of the Warren/Burger courts.
#law #contracts #regulation #litigation #non-delegation #MajorQuestionsDoctrine #noncompetes
11th Circuit tries its hand at reading Georgia's non-compete statute against the background of its common law rules on non-competes. It ain't easy.
Two days ago:
~ Judge Tosses FTC Ban on Noncompete Agreements~
Commission doesn’t have the authority to issue the ban, judge finds
A federal judge in Texas on Tuesday barred a US Federal Trade Commission rule from taking effect that would ban agreements commonly signed by workers not to join their employers’ rivals or launch competing businesses.
Supreme Court of Georgia determines that its law on restrictive covenants governs, notwithstanding a contractual choice-of-law provisions favoring Florida law.
@oliversampson @parismarx OFC!
#NonCompetes mean they've to continue paying them as if they were an employee with 0 reductions in pay and benefits...
(Or do this as a single, one-time payment that has the same net payout!)...