Noncompete Agreements

What the Practice of Noncompetes in Italy Says About the Current American Debate

American antitrust regulators have recently taken aim at noncompete clauses. They argue that noncompetes suppress labor bargaining power and thus wages. The Italian labor market differs from its American counterpart in its rigid protections for labor, but the use of noncompetes in Italy occur at about the same rate as in the United States and shows a correlation with lower wages for workers whose noncompete clauses are unjustified because their jobs require little training and do not grant access to trade secrets. The evidence from Italy suggests that better regulation of noncompetes and informing workers of their rights is justified on the whole.

The Classic Theory of Albert O. Hirschman Argues Against the US Chamber’s Case for Non-Competes

Drawing on the theory of Albert O. Hirschman’s  Exit, Voice, and Loyalty, Brian Callaci argues non-compete clauses stifle the important channels of communication between employees and businesses necessary for improving firm competitiveness. The evidence also shows that, despite claims from businesses, non-competes harm rather than reward employees for their loyalty. 

The FTC’s Non-Compete Ban Will Force Questions Over the Scope of its Authority

To understand why a proposed rule could spark a Supreme Court battle over the Federal Trade Commission’s powers to regulate the American...

The Ties that Bind Workers to Firms: No-Poach Agreements, Noncompetes, and Other Ways Firms Create and Exercise Labor Market Power

Collusive no-poach agreements are per se illegal, but noncompete clauses are not. Recent research casts doubt on the rationale for this legal...

Organized Mimicry: Employers Against the Free Market

"Despite all the rhetorical support for free markets, it turns out that employers would rather corner their market, not free it, especially...

Three Steps the Biden Administration Should Take to Tackle America’s Monopoly Problem

The Biden Administration can revive federal antimonopoly enforcement after 40 years of little action, even when faced with congressional opposition. Here’s how. 

Banning Noncompete Agreements Benefits Low-Wage Workers

Examining the effects of a 2008 ban on noncompete agreements for low-wage workers in Oregon, a recent paper finds that the ban increased average...

Noncompete Agreements Boost Investment But Stifle Start-Ups

While noncompetes raise investment significantly, they also measurably hamper entrepreneurial activity, according to a new working paper from Chicago Booth’s Jessica S. Jeffers.     Editor's note: This...

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