The Economics of Noncompete Clauses

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Authors: Evan Starr
Cited by: 6
References: 11

Abstract

For over 600 years, debates over noncompete clauses have centered on whether they function as efficient contracting tools or anticompetitive restraints on workers. This article reassesses that debate in light of recent policy attention and new empirical and theoretical research. Proponents argue that noncompetes are necessary to protect investments in training and trade secrets, increasing productivity and wages. However, recent studies indicate that the widespread use of noncompetes—frequently extending beyond roles involving sensitive information—and their enforceability lower mobility, wages, innovation, and entrepreneurship. Moreover, in many cases, less restrictive contractual terms appear to safeguard firm interests. Evidence of spillovers to other workers and across state boundaries, as well as behavioral effects even when noncompetes are unenforceable, raises questions about whether existing state-level enforcement regimes adequately address their observed impacts.

Fields of Study & Subjects

Labor market dynamics and wage inequality Global trade and economics Law Economics and Judicial Systems

Publication details

Journal / source
The Journal of Economic Perspectives
Publisher
American Economic Association
Volume
40
Issue
1
Pages
139–166
Publication date
1 February 2026
Language
EN