The Federal Trade Commission (FTC) is once again operating with a full five-Commissioner slate.

The two newest Commissioners, Melissa Holyoak and Andrew Ferguson, were sworn in on March 24 and April 2, respectively. Both Commissioners bring litigation experience to the role, having each served as a state’s Solicitor General—Commissioner Holyoak for Utah and Commissioner Ferguson for Virginia.

The new Commissioners join at a time of continued activity for the agency, and all five Commissioners will vote on whether to issue the final rule on noncompetes in an open Commission meeting on April 23.

The FTC issued its notice of proposed rulemaking in January 2023 and has since received more than 26,000 comments on the proposed rule. The recent announcement of the upcoming vote indicated that FTC staff will give a presentation on the final noncompete rule being proposed, after which the Commissioners will vote on whether to issue the final rule.

The public will be able to view the meeting live via a webcast, and a recording of the meeting will be available on the FTC's website.

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For additional information about the issues discussed above, or if you have any other antitrust concerns, please contact the Epstein Becker Green attorney who regularly handles your legal matters, or one of the authors of this Antitrust Byte:

E. John Steren
Member of the Firm
Patricia Wagner
General Counsel / Chief Privacy Officer
Jeremy Morris
Member of the Firm
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