Testifying in support of SB 906: AN ACT CONCERNING NON-COMPETES

4 Pages Posted: 26 Mar 2021 Last revised: 24 Apr 2021

See all articles by Orly Lobel

Orly Lobel

University of San Diego School of Law

Mark A. Lemley

Stanford Law School

Date Written: March 26, 2021

Abstract

Noncompetes have a harmful effect on job mobility, wages, competition, entrepreneurship, and equality. They restrict employees from switching employers or starting their own competing business. Those restrictions depress wages, reduce entrepreneurship, and impede efforts to correct inequities. In the past decade, a wealth of research—empirical, experimental, and theoretical studies—offers evidence about the key role that human capital policy, including noncompete contracts, plays in industries and regions. Research on the question of labor market mobility has taken multiple forms: longitudinal studies, comparative regional studies, patent network mapping, surveys, behavioral lab experiments, ethnographies, simulations, and modeling.

Keywords: noncompetes, job mobility, wages, competition, entrepreneurship, equality, labor, testimony

JEL Classification: K22, K31, K12

Suggested Citation

Lobel, Orly and Lemley, Mark A., Testifying in support of SB 906: AN ACT CONCERNING NON-COMPETES (March 26, 2021). San Diego Legal Studies Paper No. 21-008, Available at SSRN: https://ssrn.com/abstract=3813428 or http://dx.doi.org/10.2139/ssrn.3813428

Orly Lobel (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States

HOME PAGE: http://www.orlylobel.com/

Mark A. Lemley

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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