The Federal Trade Commission Targets M&A Non-Competes

Locke Lord – On July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy” in which he encouraged the Federal Trade Commission (“FTC”) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” While the FTC is yet to exercise its rulemaking authority under the Federal Trade Commission Act to further the President’s policy goals, the FTC has begun taking steps to curtail the enforcement of certain non-competition agreements related to company acquisitions.

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