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On July 9th, 2021, President Joe Biden signed an executive order to promote competition in the American economy. One significant aspect of this order is the federal government’s push against non-compete agreements.

Non-compete agreements are contracts between employers and employees that restrict the employee’s ability to work for a competitor after leaving the company. Such agreements are common in industries such as technology, healthcare, and finance, where intellectual property and trade secrets are at stake.

While non-compete agreements can help protect businesses, they also limit employee mobility, innovation, and entrepreneurship. According to the White House, almost half of U.S. businesses require at least some employees to sign non-compete agreements, which has resulted in suppressed wages, decreased job opportunities, and reduced entrepreneurship.

The executive order aims to ban or limit the use of non-compete agreements in various industries, with a particular focus on low-wage workers. The Federal Trade Commission (FTC) will be directed to ban “unnecessary” non-compete agreements, including those that are overly broad or last for an unreasonable amount of time.

Additionally, Biden’s executive order directs the FTC to consider prohibiting agreements that are used to limit customer choice or to suppress wages, as well as those that are not in line with existing labor laws.

The ban on non-compete agreements is expected to promote competition in the labor market, especially for low-wage workers who are often subject to such agreements. The executive order may also encourage entrepreneurship and innovation, as employees will have more freedom to take their skills and ideas to new employers or start their businesses.

However, some experts believe that the ban on non-compete agreements could lead to more litigation as employers attempt to protect their intellectual property and trade secrets. Therefore, it is crucial that any changes made to non-compete agreements are carefully crafted to promote competition while also protecting employers’ legitimate interests.

In conclusion, the non-compete agreement executive order is a significant step towards promoting competition in the American economy. It is likely to have a profound impact on the labor market and entrepreneurship in the coming years. While the details of how the FTC will implement this order remain to be seen, it is clear that the executive order is a positive step towards a more competitive and innovative economy.