Although antitrust enforcers' concern for anticompetitive effects in labor markets has been escalating for some time (read our 2022 article about labor market developments here), the focus on perceived anticompetitive effects of employer/employee non-compete provisions has recently become much more acute.

Table of Contents

• Proposed US FTC Rule Banning Non-Competes
  • What are the key features of the proposed rule?
  • If issued, what happens if you violate the proposed rule?
  • What employers would be bound by the proposed rule?
  • How would the proposed rule impact non-competes entered as part of an M&A transaction?
  • How would the proposed rule impact executives and executive compensation?
  • Does the proposed rule ban garden leave?
  • What happens next with the proposed rule, and when could it go into effect?
• Recent Wave of US FTC Enforcement Actions Against Worker Non-Compete Agreements
• White House and US Antitrust Enforcers' Commentary on Non-Competes
• Changes at the State Level
• California Strengthens Its Ban on Non-Competes
  • What are the key features of the bill?
  • Do the laws apply to all non-competes?
  • How does the CA law differ from the FTC’s proposed rule?
• UK Proposes Stricter Approach to Non-Competes
  • What is the approach to non-competes in the UK?
  • What are the proposals?
  • What are the drivers behind the UK reform?
  • Why no complete ban on non-competes?
  • What should employers do?
  • What is the proposed timetable?
• UK publishes research report on competition and market power in...

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