Lina Khan Profile picture
Jan 5 10 tweets 5 min read
1. One in five US workers is bound by a noncompete clause, which restricts them from freely switching jobs, lowering wages and undermining fair competition.

Today @FTC proposed a rule to prohibit firms from imposing noncompete clauses on their workers.
ftc.gov/news-events/ne…
2. Noncompetes undermine core economic liberties. Evidence suggests noncompetes also suppress earnings and opportunity even for workers who are *not* subject to a noncompete. FTC economists estimate that noncompetes lower US workers’ collective income by $250-$296 billion.
3. Evidence shows that noncompetes also reduce innovation, entrepreneurship, and new business formation. Locking workers in place can enable incumbents to close off markets to new rivals, undermining dynamism and healthy competition.
4. @FTC economists estimate that the proposed ban on noncompetes would increase workers’ total earnings by close to $300 billion per year. Evidence also suggests that it could lower decrease consumer prices in the healthcare sector, potentially to the tune of $150 billion a year.
5. To address these harms, @FTC's proposed rule would (1) prohibit employers from using noncompete clauses in their contracts with workers, and (2) require them to rescind existing noncompetes and actively inform workers that they are no longer in effect.
ftc.gov/legal-library/…
6. @FTC is seeking public comment on the proposed rule. Hearing from entrepreneurs, workers, and employers will help ensure that the final rule reflects market realities. The proposal identifies potential alternative rules & key questions we are exploring:
ftc.gov/system/files/f…
7. The proposed rule draws on years of expertise that @FTC has been building through pursuing enforcement actions, studying empirical evidence, and reviewing hundreds of public comments. I'm grateful to staff across our agency for their thorough & careful work on this initiative.
8. In recent years scholars have studied the concrete real-world effects of noncompetes, including on factors like wages, labor mobility, innovation, and new business formation. The proposed rule closely surveys and reflects this available evidence: ftc.gov/system/files/f…
9. As my statement with @RKSlaughterFTC & @BedoyaFTC explains, addressing noncompetes through a rule rather than case-by-case adjudication can promote greater legal clarity, more efficient enforcement, and broader public participation.
ftc.gov/legal-library/…
10. Lastly, as @RKSlaughterFTC notes, this effort follows years of vital work by academics, reporters, and advocates to highlight the proliferation of noncompetes & their effects. As we seek comment on the proposal, hearing from the public will be key.
ftc.gov/legal-library/…

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More from @linakhanFTC

Jan 4
1. @FTC has taken action against three firms for imposing noncompetes on their workers. As a result of these efforts, thousands of workers who'd been subject to noncompete restrictions can now freely switch jobs or start a competing business, without fear.
ftc.gov/news-events/ne…
2. One of the firms, Prudential, used noncompetes to prevent security guards it hired from leaving to work for a rival within 100 miles for 2 years after departing. Many guards earned near minimum wage. Prudential subjected them to a $100k penalty for violating the noncompete.
3. As noted in the complaint, Prudential repeatedly enforced the noncompete against workers who tried to leave for jobs with higher wages. A Michigan state court even ruled that the noncompetes were unreasonable and unenforceable, but Prudential continued to impose them.
Read 9 tweets
Oct 24, 2022
1. @FTC has taken action against @Drizly (a subsidiary of @Uber) and its CEO James Cory Rellas for security failures that led to a data breach exposing the personal information of around 2.5 million consumers.
ftc.gov/news-events/ne…
2. As the complaint notes, Drizly & Rellas were alerted to security problems 2 years before the breach, yet they failed to act. Instead, they stored key information on an unsecured platform, didn't monitor for security threats, and exposed customers to hackers & identity thieves.
3. Our order would impose several key conditions to prevent similar failures in the future. Drizly must destroy unnecessary data, strictly limit future data collection, and implement a robust security program that features the latest multifactor authentication requirements.
Read 6 tweets
Sep 29, 2022
1. Today @FTC sued giant pesticide manufacturers @Syngenta & @CortevaUS for a wrongful pay-to-block scheme that keeps prices inflated & hampers farmers from accessing cheaper generic alternatives. Our lawsuit is joined by a bipartisan 10-state coalition.
ftc.gov/news-events/ne…
2. The scheme, as alleged in the complaint, centers on Syngenta's and Corteva's efforts to illegitimately prolong their patent monopolies. Normally, when a patent expires, generic versions of the product enter the market. This pushes prices down.
3. But Syngenta & Corteva didn't want prices to drop. So they came up with a way to block generic competition: so-called "loyalty programs." They pay big sums to distributors—middlemen between manufacturers and farmers—who agree to mostly exclude generic producers.
Read 6 tweets
Sep 27, 2022
1. Yesterday the White House Competition Council met with President Biden to share progress on a whole-of-government approach to promoting fair competition and protecting Americans from corporate abuse. Here are some of the actions @FTC has taken since the last convening:
2. In May, we put ed-tech companies on notice about their legal obligation to limit the data they collect & use from children. Kids do not forfeit their right to privacy as a condition of getting an education. ftc.gov/news-events/ne…
3. This summer we ordered Westinghouse, Harley-Davidson, and Weber to eliminate warranty terms that restricted customers’ right to repair their own products—delivering on the commitment we made in last year's policy statement. ftc.gov/business-guida…
Read 10 tweets
Aug 11, 2022
1. Firms track & collect data on Americans at a stunning scale—on our location, our health, what we read online, who we know, what we buy.

@FTC is seeking comment on whether to issue rules aimed at commercial surveillance & lax data security practices.
ftc.gov/news-events/ne…
2. Technological advancements have yielded dazzling new capabilities and conveniences—but also tools that enable new forms of persistent tracking & surveillance. @FTC must ensure our approach keeps pace with these new market realities.
ftc.gov/legal-library/…
3. Indeed, research suggests that over 80% of Americans believe they have very little to no control over the data companies collect on them and that they believe the potential risks of companies collecting data about them outweigh the benefits.
pewresearch.org/internet/2019/…
Read 10 tweets
Jun 7, 2022
1. FTC has voted to order the six largest pharmacy benefit managers (PBMs) to produce documents and data as part of an inquiry into PBMs and their impact on patients, pharmacies, payers, and doctors.

ftc.gov/news-events/ne…
2. PBMs are powerful middlemen that often practically determine which drugs are prescribed, which pharmacies patients can use, and how much patients pay for prescriptions.

In recent months, we've received more than 24,000 comments about PBMs' practices: regulations.gov/docket/FTC-202…
3. Some argue that PBMs raise drug price for patients by driving them to more expensive drugs and excluding cheaper alternatives. Pharmacists note that PBMs impose unfair fees, reimburse pharmacies less than their cost of acquisition, and steer patients to PBM-owned pharmacies.
Read 4 tweets

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