Comments on Federal Trade Commission Non-compete Ban Proposed Rule, Matter No. P201200

14 Pages Posted: 4 May 2023 Last revised: 21 Jun 2023

See all articles by Samantha J. Prince

Samantha J. Prince

Penn State Dickinson Law

Benjamin Edwards

University of Nevada, William S. Boyd School of Law

Chaz D. Brooks

American University Washington College of Law

Joshua P. Fershee

Dean & Professor of Law; Creighton University School of Law

Francis Joseph Mootz III

University of the Pacific - McGeorge School of Law

Juliet M. Moringiello

Widener University - Commonwealth Law School

Griffin Toronjo Pivateau

Oklahoma State University

Daiquiri Steele

University of Alabama - School of Law

Taylor Haberle

Pennsylvania State University, Dickinson Law

Date Written: April 24, 2023

Abstract

Within signed law professors and law students submitted this letter to the Federal Trade Commission, writing in their individual capacities, not as agents of their affiliated institutions, in support of the Federal Trade Commission’s proposed rule to ban most non-compete clauses (the “Proposal”) as an unfair method of competition.

This letter offers comments in response to areas where the FTC has requested public comment. To make our views clear, this letter contains the following sections:
I. Summary of the Proposal;
II. The Commission Should Consider Expanding Its Definition of Non-Compete
Clauses to Prevent Employers from Requiring Workers to Quit Before Seeking
Alternative Employment;
III. Non-Compete Clauses Are Unfair Methods of Competition;
IV. Non-Compete Clauses Negatively Impact Workers and Their Families;
V. The Proposed Rule Protects Small Businesses and Entrepreneurs; and
VI. The Commission Should Consider a Factor Test for Its Unfairness Analysis for
Senior Executives

Our comments were publicly submitted electronically with the FTC on April 18, 2023.

Keywords: Non-competes, Restrictive Covenants, Covenant not to compete

Suggested Citation

Prince, Samantha J. and Edwards, Benjamin and Brooks, Chaz and Fershee, Joshua P. and Mootz, Francis Joseph and Moringiello, Juliet M. and Pivateau, Griffin Toronjo and Steele, Daiquiri and Haberle, Taylor, Comments on Federal Trade Commission Non-compete Ban Proposed Rule, Matter No. P201200 (April 24, 2023). Available at SSRN: https://ssrn.com/abstract=4427945 or http://dx.doi.org/10.2139/ssrn.4427945

Samantha J. Prince (Contact Author)

Penn State Dickinson Law ( email )

150 S College Street
Carlisle, PA 17013
United States

Benjamin Edwards

University of Nevada, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

Chaz Brooks

American University Washington College of Law ( email )

4300 Nebraska Ave NW
Washington, DC 20016
United States

Joshua P. Fershee

Dean & Professor of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States
402-280-2348 (Phone)

HOME PAGE: http://https://www.creighton.edu/faculty-directory-profile/2522/joshua-fershee

Creighton University School of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States
402-280-2348 (Phone)

HOME PAGE: http://https://www.creighton.edu/faculty-directory-profile/2522/joshua-fershee

Francis Joseph Mootz

University of the Pacific - McGeorge School of Law ( email )

3200 Fifth Avenue
Sacramento, CA 95817
United States

Juliet M. Moringiello

Widener University - Commonwealth Law School ( email )

3800 Vartan Way
Harrisburg, PA 17110-9380
United States
717-541-3917 (Phone)

Griffin Toronjo Pivateau

Oklahoma State University ( email )

Oklahoma State University
Stillwater, OK 74078
United States
405-786-8640 (Phone)

Daiquiri Steele

University of Alabama - School of Law ( email )

P.O. Box 870382
Tuscaloosa, AL 35487
United States

Taylor Haberle

Pennsylvania State University, Dickinson Law ( email )

150 S College St
Carlisle, PA 17013
United States

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