FTC And DOJ Hold Workshop On Non-Compete Agreements

As we reported this past summer, President Biden signed an Executive Order titled "Promoting Competition in the American Economy." At the time, President Biden urged the chair of the Federal Trade Commission (the "FTC") to "curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility." Since the Order's publication, speculation and uncertainty have percolated around what the Biden Administration intends to do with regard to restricting non-compete agreements.

In connection with the Biden Administration's increased scrutiny in this area, on December 6 and 7, the FTC and Department of Justice (the "DOJ") held a two-day workshop titled "Making Competition Work: Promoting Competition in Labor Markets" with the goal of "explor[ing] recent developments at the intersection of antitrust and labor, as well as implications for efforts to protect and empower workers through competition enforcement and rulemaking."