Document Type

Response or Comment

Publication Date



Within signed law professors and law students submitted this letter to the Federal Trade Commission, writing in their individual capacities, not as agents of their affiliated institutions, in support of the Federal Trade Commission’s proposed rule to ban most non-compete clauses (the “Proposal”) as an unfair method of competition.

This letter offers comments in response to areas where the FTC has requested public comment. To make our views clear, this letter contains the following sections:

I. Summary of the Proposal;

II. The Commission Should Consider Expanding Its Definition of Non-Compete Clauses to Prevent Employers from Requiring Workers to Quit Before Seeking Alternative Employment;

III. Non-Compete Clauses Are Unfair Methods of Competition;

IV. Non-Compete Clauses Negatively Impact Workers and Their Families;

V. The Proposed Rule Protects Small Businesses and Entrepreneurs; and

VI. The Commission Should Consider a Factor Test for Its Unfairness Analysis for Senior Executives


Our comments were publicly submitted electronically with the FTC on April 18, 2023.