Managing Principal Rebecca Kirk Fair Discusses Non-competes on ABA Antitrust Law Section Panel

October 26, 2023

Managing Principal Rebecca Kirk Fair participated in a panel discussion on the Federal Trade Commission’s (FTC’s) proposed rule banning most non-compete agreements. The panel, co-sponsored by the American Bar Association (ABA) Antitrust Law Section’s Corporate Counseling and Economics Committees, was titled “Non-competes: Bans, Partial Bans, and Reasonableness.”

Ms. Kirk Fair shared her observations about a flat ban on non-competes and explored the consequences of such a ban. She also outlined some of the competitive effects of non-competes and emphasized the importance of using a fact-based “rule of reason” approach when assessing those effects.

Ms. Kirk Fair’s co-panelists – Emilio Varanini (California Office of the Attorney General), Koren Wong-Ervin (Jones Day), and David Balan (Econ One) – explored several related topics, including the State of California’s existing ban on non-competes, the administrability of a nationwide ban, and the unintended effects of both non-competes and bans of the same. The discussion was moderated by Jennifer Driscoll (Robinson+Cole) and James Hunsberger (Axinn, Veltrop & Harkrider).

Watch a Recording of the Discussion (paywall)