Judge Refuses to Block F.T.C.’s Noncompete Ban as Lawsuits Play Out

A federal judge in Pennsylvania on Tuesday declined to block the Federal Trade Commission’s ban on noncompete agreements, diverging from another judge’s recent finding that the agency’s move was on shaky legal ground.

The decision clears one obstacle to the F.T.C.’s move to prohibit virtually all noncompete agreements, which prohibit employees from switching jobs within an industry and affect roughly one in five American workers. The rule is set to take effect on Sept. 4.

Several business groups sued to block the ban as soon as the F.T.C. voted to adopt it in April, saying it would limit their ability to protect trade secrets and confidential information. ATS Tree Services, a tree-removal company, filed a lawsuit in U.S. District Court for the Eastern District of Pennsylvania, arguing that it used noncompetes to “provide its employees with necessary and valuable specialized training while minimizing the risk that employees will leave and immediately use that specialized training and ATS’s confidential information to benefit a competitor.”

But on Tuesday, Judge Kelley Brisbon Hodge ruled that ATS had not proved that it would suffer irreparable harm from the rule. Denying the company’s motion for a preliminary injunction, she said the lawsuit was unlikely to ultimately prevail on the merits.

Judge Hodge’s decision “fully vindicates” the F.T.C.’s authority to ban noncompete clauses, “which harm competition by inhibiting workers’ freedom and mobility while stunting economic growth,” Douglas Farrar, a commission spokesman, said in a statement.

A lawyer representing ATS, Josh Robbins of the Pacific Legal Foundation, a libertarian law group, said the firm was disappointed by the court’s decision and would “continue to fight the