Even if business groups succeed in their legal challenge to the Federal Trade Commission’s ban on noncompete agreements, companies will still have to comply with state laws prohibiting those contractual provisions, a state antitrust chief told a conservative law group Thursday.
“You’re going to still see enforcement by some states for time, space and scope-type noncompete rules,” Assistant Wisconsin Attorney General for Antitrust Gwendolyn Lindsay Coole said at an event hosted by The Federalist Society. “I wouldn’t say ‘they’re going to challenge this, this is going to go away, we don’t have to worry about it.’ So, I would still continue to advise you to comply.”
