Comment Letter on Proposed Rule on Non-Compete Clauses (Docket FTC-2023-0007)

Comment Letter on Proposed Rule on Non-Compete Clauses (Apr. 19, 2023), https://www.regulations.gov/comment/FTC-2023-0007-19808

Loyola Law School, Los Angeles Legal Studies Research Paper No. 2023-37

San Diego Legal Studies Paper No. 23-044

11 Pages Posted: 2 Nov 2023 Last revised: 15 Nov 2023

See all articles by Rachel S. Arnow-Richman

Rachel S. Arnow-Richman

University of Florida Levin College of Law

Jonathan F. Harris

LMU Loyola Law School

Orly Lobel

University of San Diego School of Law

Date Written: 2023

Abstract

This is an informational, annotated version of the comment submitted by the authors in support of the Federal Trade Commission’s notice of proposed rulemaking (“NPRM”) banning employee noncompetes and related instruments. It argues that nothing short of a full ban will prevent the misuse of noncompetes for illegitimate purposes and the anticompetitive harms associated with their use. Part I provides background explaining how noncompetes contravene fundamental legal principles. Part II explains the importance of a complete ban on noncompetes and the limits of lesser approaches. Part III responds to common arguments levied against the FTC’s proposed rule. Part IV briefly addresses the FTC’s authority for the NPRM. The authors conclude that the FTC’s ban is a lawful, necessary, and long overdue agency action.

Suggested Citation

Arnow-Richman, Rachel S. and Harris, Jonathan and Lobel, Orly, Comment Letter on Proposed Rule on Non-Compete Clauses (Docket FTC-2023-0007) ( 2023). Comment Letter on Proposed Rule on Non-Compete Clauses (Apr. 19, 2023), https://www.regulations.gov/comment/FTC-2023-0007-19808, Loyola Law School, Los Angeles Legal Studies Research Paper No. 2023-37, San Diego Legal Studies Paper No. 23-044, Available at SSRN: https://ssrn.com/abstract=4620282 or http://dx.doi.org/10.2139/ssrn.4620282

Rachel S. Arnow-Richman (Contact Author)

University of Florida Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

Jonathan Harris

LMU Loyola Law School ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States

Orly Lobel

University of San Diego School of Law ( email )

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

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

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