On July 9, 2021, President Biden issued an executive order aimed at promoting competition in the economy, including directing the Federal Trade Commission (FTC) to consider exercising its rulemaking authority “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”
On November 12, 2021, the FTC signaled it may be beginning to act on President Biden’s direction when it released for public comment its draft strategic plan for fiscal years 2022 to 2026, containing various strategic goals and objectives. These goals and objectives include “[p]rotect[ing] the public from unfair or deceptive acts or practices in the marketplace”; “[p]romot[ing] an open and competitive marketplace for the benefit of the public”; “[i]dentify[ing], investigat[ing], and tak[ing] actions against anticompetitive mergers and practices”; “[e]ngag[ing] in research, advocacy, and outreach to promote public awareness and understanding of fair competition and its benefits”; and “[c]ollaborating with domestic and international partners to check unfair methods of competition.”
The FTC further identified, in relevant part, the following strategies to help carry out and accomplish its stated strategic goals and objectives:
“Reach out to workers: Provide workers and those looking for work, including those in marginalized communities, with practical, user-friendly educational resources and information to help them identify and report market...
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