#280 Does the FTC Ban Get It Right or Go Too Far? Economists Debate the FTC Non-Compete Rule

#280 Does the FTC Ban Get It Right or Go Too Far? Economists Debate the FTC Non-Compete Rule

The Federal Trade Commission's non-compete ban has stirred vigorous discussion in the antitrust bar and beyond. What do economic theory and empirical analysis tell us about the effects of non-competes, and whether a ban is justified? Economists Evan Starr and Brian Albrecht join co-hosts Sergei Zaslavsky and Anora Wang to debate the state of economic evidence on non-competes, the implications for policy, and what we still have to learn. Listen to this episode, which also aired as a live ABA program, for an in-depth discussion that highlights both areas of consensus and areas of disagreement on the economics of non-competes.

With special guests:

Evan Starr, Associate Professor, University of Maryland Robert H. Smith School of Business and Brian Albrecht, Chief Economist, International Center for Law & Economics

Related Links:

Starr, Evan P., J.J. Prescott, and Norman D. Bishara. "Noncompete Agreements in the U.S. Labor Force." Journal of Law and Economics 64, no. 1 (2021): 53-84

Thomas, Randall S. and Thomas, Randall S. and Bishara, Norman D and Martin, Kenneth J., An Empirical Analysis of Non-Competition Clauses and Other Restrictive Post-Employment Covenants (February 26, 2014)

Posner, Eric A. and Triantis, George G. and Triantis, Alexander J. and Triantis, Alexander J., Investing in Human Capital: The Efficiency of Covenants Not to Compete (January 2004)

Hosted by:

Sergei Zaslavsky and Anora Wang, Arnold & Porter Kaye Scholer LLP

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Avsnitt(386)

#384 What's Up? Enforcement Updates From the Middle East and Africa

#384 What's Up? Enforcement Updates From the Middle East and Africa

What have been the latest competition law developments across the Middle East and Africa in the last year? Nicolas Bremer and John Oxenham join Matthew Hall and Jeny Maier to discuss new filing regime...

29 Juni 31min

#383 What's the Role of Communications Strategy in M&A? How Public Affairs Impacts Antitrust

#383 What's the Role of Communications Strategy in M&A? How Public Affairs Impacts Antitrust

Recently, the role of lobbying in M&A has become the talk of the antitrust bar in current administrations in the U.S. and in other jurisdictions. But what about the related discipline of public affair...

22 Juni 27min

#382 What's Up? Enforcement Updates From Austria and Switzerland

#382 What's Up? Enforcement Updates From Austria and Switzerland

What is happening in competition enforcement in Austria and Switzerland? Lukas Cavada, Executive Director for International Affairs at Austria's Federal Competition Authority (BWB), joins Anora Wang t...

15 Juni 28min

#381 A New Era for EU and UK Deals? The EC's Draft Merger Guidelines and the CMA's Growth Approach

#381 A New Era for EU and UK Deals? The EC's Draft Merger Guidelines and the CMA's Growth Approach

The analysis of mergers in the EU and UK is adapting to take account of a changed worldwide geo-political and trade context. But what does this mean in practice? Stuart Hudson, co-lead of Brunswick's ...

8 Juni 38min

#380 What Is Happening at the OECD Competition Division? A Discussion With Ori Schwartz

#380 What Is Happening at the OECD Competition Division? A Discussion With Ori Schwartz

The OECD's Competition Division carries out the organisation's work on worldwide competition law, policy and enforcement. But what does this mean in practice? Ori Schwartz, Head of the Competition Div...

1 Juni 30min

#379 What's Up? Enforcement Updates from Ireland, Brazil, and Paraguay

#379 What's Up? Enforcement Updates from Ireland, Brazil, and Paraguay

What are the latest trends and developments in competition law enforcement in Ireland, Brazil, and Paraguay? Geoffrey Gray of the Irish Competition and Consumer Protection Commission (CCPC), joins Lex...

25 Maj 33min

#378 How Do Enforcers Approach Information Sharing and Benchmarking?

#378 How Do Enforcers Approach Information Sharing and Benchmarking?

Benchmarking and information sharing can be procompetitive, but modern data tools can also make it easier for rivals to coordinate on prices. But when does benchmarking cross the line into unlawful an...

18 Maj 37min

#377 What's Up? Enforcement Updates From Australia and New Zealand

#377 What's Up? Enforcement Updates From Australia and New Zealand

What is happening in competition enforcement in Australia and New Zealand? Luke Woodward, Commissioner at the Australian Competition & Consumer Commission (ACCC), joins Lexi Michaud to discuss the ACC...

11 Maj 28min

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