Editor's Picks: The end of non-compete clauses?

编辑精选:非竞争条款的终结?

Editor's Picks from The Economist

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2024-05-01

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A handpicked article read aloud from the latest issue of The Economist. Non-compete clauses have long been a staple of American job contracts. A new rule issued by the Federal Trade Commission may change that.  Listen to what matters most, from global politics and business to science and technology—subscribe to Economist Podcasts+
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  • The Economist Hello, Mike Bird here, co-host of Money Talks,

  • our weekly podcast on markets, the economy and business.

  • Welcome to Editor's Picks.

  • We've chosen an article from the latest edition of The Economist,

  • which we very much hope you'll enjoy.

  • A fifth of American workers have a non-compete clause in their contract,

  • barring them from leaving to join a rival.

  • Owing to a new rule issued by the Federal Trade Commission on April 23rd,

  • these clauses may soon be voided.

  • Advocates hope this will inject dynamism into the American economy and lead to stronger wages.

  • Critics warn it will stifle investment.

  • The debate about non-compete clauses is an old one dating back to Europe in the 1400s.

  • Courts generally came down on the side of apprentices trying to escape the clutches of their mentors.

  • In the Industrial Revolution, though, views shifted.

  • The main argument in support of non-compete clauses then and now is that they protect firms with an understandable interest in defending trade secrets.

  • With them in place,

  • companies become more willing to make hefty investments and train up workers,

  • confident that they will reap the benefits from both.

  • A recently published study by Jessica Jeffers of the HEC Paris found that when American states made non-competes easier to enforce,

  • firms increased their physical investments by as much as 39%.