News & Analysis as of

Anti-Competitive Executive Orders Non-Compete Agreements

McGuireWoods LLP

New Administration Antitrust Push: DOJ, FTC to Identify Anticompetitive Government Regulations and Labor-Related Practices

McGuireWoods LLP on

In recent weeks, the Department of Justice (DOJ) Antitrust Division and Federal Trade Commission (FTC) launched task forces that target potential barriers to competition created by government regulators and private-sector...more

Spilman Thomas & Battle, PLLC

President Biden and the FTC Seek to Put the Final Nail in the Coffin for Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (“FTC”) published a notice of a proposed rulemaking that would prohibit employers from enforcing non-compete agreements against all employees and would preempt state laws that...more

Proskauer - Law and the Workplace

FTC Enforcement Action Limits Noncompetition Agreements in “Sale of Business” Transactions

On July 9, 2021, President Biden issued an Executive Order, in which he described the nation’s antitrust laws as the “first line of defense against the monopolization of the American economy” and encouraged the Federal Trade...more

K&L Gates LLP

Federal Agencies Signal Further Hostility Towards Noncompetition Agreements

K&L Gates LLP on

On 9 July 2021, President Biden issued an executive order (EO) tasking the Treasury Department, in combination with the Department of Justice (DOJ), the Department of Labor (DOL), and the Federal Trade Commission, with...more

Womble Bond Dickinson

Antitrust Regulation And The Labor Market

Womble Bond Dickinson on

Employment-related antitrust regulation is intensifying amid a volatile labor market so Mark Henriques asked David Hamilton and Sarah Motley Stone, two of Womble Bond Dickinson's brightest minds on this subject, to share some...more

Benesch

Are Non-Compete Covenants Likely to Become Unenforceable after the Issuance of the Biden Administration’s Executive Order? Don’t...

Benesch on

On July 9, 2021, President Biden signed a sweeping Executive Order (“EO”) intended to promote competition in a number of sectors of the economy, including healthcare. The EO targets 4 areas of healthcare in particular -...more

Quarles & Brady LLP

An Overview of President Biden’s Executive Order on Non-Competes

Quarles & Brady LLP on

On July 9, 2021, President Biden issued an extensive Executive Order on Promoting Competition in the American Economy. Among other things, the Executive Order directs the Federal Trade Commission (FTC), through rulemaking, to...more

Eversheds Sutherland (US) LLP

Overview of President Biden’s Non-Compete Agreement Executive Order 

On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy. The Order, breathtaking in scope, asserts as a key goal the desire to improve the lives of consumers through...more

Stokes Wagner

Biden’s Executive Order on on Non-Compete Clauses & Agreements

Stokes Wagner on

On July 9, 2021, President Biden issued his Executive Order directing federal agencies to implement seventy-two different initiatives intended to promote competition across the American economy. Ideally, these initiatives...more

ArentFox Schiff

Biden Directs FTC To Regulate Non-Compete Agreements

ArentFox Schiff on

On July 9, 2021, President Biden issued Executive Order 14036, “Promoting Competition in the American Economy.” The Executive Order included 72 actions and recommendations to federal agencies designed to review and revise...more

Lowndes

President Biden Signs Executive Order Targeting Non-Competes

Lowndes on

Last Friday, July 9, 2021, the White House issued a 20-page executive order on “Promoting Competition in the American Economy” aiming to create an “open and competitive economy” where workers have the “economic freedom to...more

Foley & Lardner LLP

Biden’s Executive Order on Competition and What it Means for the Manufacturing Industry

Foley & Lardner LLP on

It seems that hardly a day passes without an antitrust issue ending up on the front page of the newspaper. In the last several months, politicians, government officials, and enforcers alike continue to focus on their desire...more

Foley & Lardner LLP

President Biden’s Executive Order on Competition Could Mean Broad Changes Across a Range of Industries

Foley & Lardner LLP on

On Friday, July 9, 2021, President Biden issued a sweeping Executive Order that could have far-reaching implications for businesses across a broad spectrum of industries. The Executive Order takes a government-wide approach...more

Bracewell LLP

President Signs Executive Order Directing Federal Agencies to Promote Competition and Increase Antitrust Enforcement

Bracewell LLP on

On July 9, 2021, President Biden issued Executive Order 14036, “Promoting Competition in the American Economy,” which broadly targets anticompetitive practices and corporate consolidation across many sectors of the U.S....more

Benesch

Biden Administration Encourages Federal Agency to Clear the Muddy Waters of Non-Compete Agreements

Benesch on

Citing concerns about worker mobility and advocating for increased market competition, President Biden signed Executive Order No. 14036: Promoting Competition in the American Economy, on July 9, 2021. The Order, published in...more

Akerman LLP - HR Defense

Biden Order: Consider a Federal Rule on Non-Competes

Don’t be misled: President Biden’s July 9 Executive Order does not bar non-compete agreements. Rather, it “encourages” the Chair of the Federal Trade Commission to use rule-making to limit their use....more

Nelson Mullins Riley & Scarborough LLP

Executive Order Directs Review of Non-Compete Agreements in the Workplace

President Biden on July 9 signed a sweeping Executive Order targeting issues of competition for American businesses by directing several federal agencies – including the Federal Trade Commission (FTC) in conjunction with the...more

CDF Labor Law LLP

President Biden’s Executive Order To Promote Competition May Ignite Congressional Action To Ban Non-Competes In Employment

CDF Labor Law LLP on

President Biden’s Executive Order on Promoting Competition in the American Economy includes a directive to the Federal Trade Commission (FTC) to “curtail the unfair use of non-compete clauses and other clauses or agreements...more

Polsinelli

Biden Executive Order Signals Future Restrictions on Non-Compete Agreements

Polsinelli on

On July 9, 2021, President Biden made good on a campaign promise to address non-compete agreements by issuing a sweeping executive order that specifically targets barriers to competition. Specifically, the executive order...more

Littler

President Biden Seeks to Regulate (and Potentially Ban) Non-Competes

Littler on

On July 9, 2021, President Biden issued his Executive Order on Promoting Competition in the American Economy. Earlier in the day, the White House issued a press release announcing that the anticipated order would, “[m]ake it...more

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