Innovation, Inventor Mobility, and the Enforceability of Noncompete Agreements
61 Pages Posted: 24 Jul 2023 Last revised: 12 Jan 2026
Matthew S. Johnson
Duke University - Sanford School of Public Policy
Michael Lipsitz
affiliation not provided to SSRN
Alison Pei
Duke University - Department of Economics; Duke University - Sanford School of Public Policy
Date Written: July 2023
Abstract
Firms often restrict workers’ mobility with Noncompete Agreements (NCAs). Using state-level law changes, we find that making NCAs easier to enforce (“stricter” enforceability) leads to fewer patents, an effect that we show reflects a loss in innovation. While stricter enforceability encourages firms’ R&D investment, consistent with alleviating hold-up concerns, it also limits inventors’ job mobility and new business formation; supplementary evidence indicates the decline in mobility stifles knowledge diffusion. Analyses of technology-specific nationwide exposure, as well as cross-state spillovers via firms’ corporate networks, reveal that our state-level estimates, if anything, understate the economy-wide effects of NCA enforceability on innovation.
Suggested Citation: Suggested Citation
Matthew Johnson (Contact Author)
Duke University - Sanford School of Public Policy ( email )
201 Science Drive
Box 90312
Durham, NC 27708-0239
United States
Michael Lipsitz
affiliation not provided to SSRN
Alison Pei
Duke University - Department of Economics ( email )
213 Social Sciences Building
Box 90097
Durham, NC 27708-0204
United States
Duke University - Sanford School of Public Policy ( email )
201 Science Drive
Box 90312
Durham, NC 27708-0239
United States
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