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Over a century ago, Congress gave the Federal Trade Commission authority to police unfair methods of competition. This was long interpreted to cover practices that limit competition and hurt consumers. Veering from this traditional consumer focus to instead emphasize workers, the FTC recently announced a proposal to ban non-compete clauses in employment contracts, which are common. Officials claim that the change could “increase wages by nearly $300 billion per year and expand career opportunities for about 30 million Americans.”
The FTC’s proposal triggers several concerns. State, not federal, law currently regulates non-compete clauses. And courts assessing their competitive impact weigh how they affect incentives to train workers and how they safeguard business secrets. An FTC rule broadly banning such provisions would alter incentives to train workers and develop innovative technologies in the United States. It also runs headlong into recent Supreme Court guidance that agencies must have clear authority from Congress when they regulate a significant portion of the US economy or implement policies that states have predominately addressed.
Please join Hudson Senior Fellow Harold Furchtgott-Roth for a discussion on this topic with Maureen K. Ohlhausen, partner and section chair of antitrust and competition law at Baker Botts. Ohlhausen served as acting FTC chairman from January 2017 to May 2018, and prior to that as commissioner beginning in 2012.
Join Hudson for an expert panel on how reliable and effective patent rights are the key to the America First agenda: growing the US innovation economy, creating jobs, and responding to challenges from global competitors like China.
Join Hudson for a panel that will examine some of the tools that could help revitalize US investment in the region, including development finance, political risk insurance, and economic innovation zones.
Join Hudson Senior Fellow Bryan Clark for a discussion of the opportunities and challenges in establishing a new weapons design and development approach with leaders from the US Air Force, Defense Innovation Unit, and US defense industry.
Join Adam Mossoff for a conversation with the author about why IP protections are essential for fostering human flourishing, how the American system has been degraded, and steps policymakers can take to restore the system that has benefited the US and the world.
