How FTC Could Regulate Noncompetes After Biden's Order

By Mitch Danzig and Paul Huston (July 15, 2021, 3:14 PM EDT) -- On July 9, President Joe Biden issued an executive order[1] aimed at addressing what the administration described as a troubling trend of anti-competitive corporate consolidation and market manipulation.

In the order, the Biden administration urges existing federal agencies to review and revise their policies and guidelines to more efficiently enforce existing statutes governing free-market trade.

Notable to employers across the country is the order's declaration that corporate use of noncompetition agreements has become a significant problem for the American economy, and its direction to the Federal Trade Commission's chair to

consider working with the rest of the Commission to exercise the...

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