2023 Update On Antitrust Enforcement In Labor And Employment

The year 2023 will be remembered as a milestone for the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC, and, together with the DOJ, the "Agencies") in their efforts to expand antitrust enforcement to labor markets. This article provides an update on the Agencies' latest antitrust efforts in the field of labor and employment.

• FTC Proposing a Nationwide Ban on Noncompetes. In January, the FTC proposed a regulation that, if adopted, would ban virtually all employee noncompete agreements across the United States. The FTC's proposal garnered over 21,000 comments in response, with comments running the gamut from opposition to support. The FTC is currently working through these comments, with a view towards releasing a final rule as early as Q1 of 2024. Although many commenters have urged the FTC to narrow its proposed rulemaking — if not abandon the effort completely — many observers anticipate the FTC to move forward with a broad ban on