US

Non-Compete Clauses

Question A:

Prohibiting firms from imposing employment contract provisions that prevent workers from moving to a competitor or starting a competing business would lead to a substantial increase in wages in the affected industries.

Responses weighted by each expert's confidence

Question B:

A ban on non-compete clauses would lead to a measurable increase in innovation.

Responses weighted by each expert's confidence

Question C:

A ban on non-compete clauses would lead to a measurable reduction in firms’ investment in staff training.

Responses weighted by each expert's confidence

Question A Participant Responses

Participant University Vote Confidence Bio/Vote History
Acemoglu
Daron Acemoglu
MIT
Uncertain
4
Bio/Vote History
Non-compete clauses excessively empower firms and are not justified by the arguments their proponents offer. Nevertheless, there is no convincing evidence yet that they have a big impact on wages.
Altonji
Joseph Altonji
Yale
Agree
6
Bio/Vote History
Auerbach
Alan Auerbach
Berkeley
Uncertain
3
Bio/Vote History
Autor
David Autor
MIT
Uncertain
6
Bio/Vote History
Noncompetes are abused by U.S. employers and pertain in sectors where trade secrets cannot possibly be relevant (e.g., sandwich makers at fast food restaurants). But we have no evidentiary basis for saying how large a wage or mobility impact this will have in the U.S.
-see background information here
Baicker
Katherine Baicker
University of Chicago Did Not Answer Bio/Vote History
Banerjee
Abhijit Banerjee
MIT Did Not Answer Bio/Vote History
Bertrand
Marianne Bertrand
Chicago
Agree
7
Bio/Vote History
Brunnermeier
Markus Brunnermeier
Princeton Did Not Answer Bio/Vote History
Chetty
Raj Chetty
Harvard Did Not Answer Bio/Vote History
Chevalier
Judith Chevalier
Yale
Uncertain
5
Bio/Vote History
Empirical evidence that I am aware of is linked but I think overall magnitudes very hard to predict.
-see background information here
Cutler
David Cutler
Harvard
Agree
4
Bio/Vote History
Deaton
Angus Deaton
Princeton
Agree
5
Bio/Vote History
Duffie
Darrell Duffie
Stanford
Agree
1
Bio/Vote History
Seems somewhat likely, but I don't have much conviction here, because this could radically change supply and demand in the related employment market in ways that I have difficulty predicting.
Edlin
Aaron Edlin
Berkeley
Agree
4
Bio/Vote History
The FTC has put together some evidence on this point.
Eichengreen
Barry Eichengreen
Berkeley
Uncertain
5
Bio/Vote History
Substantial?
Einav
Liran Einav
Stanford
Agree
1
Bio/Vote History
Fair
Ray Fair
Yale
Agree
5
Bio/Vote History
Finkelstein
Amy Finkelstein
MIT Did Not Answer Bio/Vote History
Goldberg
Pinelopi Goldberg
Yale
Disagree
6
Bio/Vote History
Non-competes are typically valid for one year. It is unlikely that a one-year restriction would have substantial effects.
Greenstone
Michael Greenstone
University of Chicago
Uncertain
4
Bio/Vote History
more evidence is necessary to get to "substantial"
-see background information here
Hall
Robert Hall
Stanford
Uncertain
1
Bio/Vote History
Hart
Oliver Hart
Harvard
Uncertain
5
Bio/Vote History
Ex post, more competition for labor will increase the wage. But initial wages may be be lower because firms don't have to offer so much given that workers can move later.
Holmström
Bengt Holmström
MIT
Uncertain
6
Bio/Vote History
Hoxby
Caroline Hoxby
Stanford
Agree
10
Bio/Vote History
Hoynes
Hilary Hoynes
Berkeley
Uncertain
8
Bio/Vote History
The key word is substantial. I think it will increase wages not not sure if substantial.
Judd
Kenneth Judd
Stanford
Uncertain
6
Bio/Vote History
Kaplan
Steven Kaplan
Chicago Booth
Disagree
5
Bio/Vote History
Unlikely to be a large effect.
Kashyap
Anil Kashyap
Chicago Booth
Uncertain
3
Bio/Vote History
The sign is right, but magnitude is unclear to me. Given that California already does not enforce them seems like there should a literature on this, hope other panelists can point to the best papers on this.
Klenow
Pete Klenow
Stanford
Agree
3
Bio/Vote History
Levin
Jonathan Levin
Stanford
Agree
3
Bio/Vote History
Maskin
Eric Maskin
Harvard
Uncertain
5
Bio/Vote History
The direct effect should be an increase in wages because of the increase in competition. However, conceivably, there could be a general equilibrium effect that makes the entire industry less profitable---and thereby lowers workers' marginal products
Nordhaus
William Nordhaus
Yale
Disagree
4
Bio/Vote History
Obstfeld
Maurice Obstfeld
Berkeley
Uncertain
3
Bio/Vote History
Saez
Emmanuel Saez
Berkeley
Agree
6
Bio/Vote History
Samuelson
Larry Samuelson
Yale
Uncertain
1
Bio/Vote History
There are conflicting effects: banning non-competes would enhance the bargaining power of employees, but if firms invest less in employee training, may make employees less valuable.
Scheinkman
José Scheinkman
Columbia University
Uncertain
5
Bio/Vote History
Not sure about substantial
Schmalensee
Richard Schmalensee
MIT
Uncertain
5
Bio/Vote History
I think "substantial" is probably too strong.
Shapiro
Carl Shapiro
Berkeley
Agree
4
Bio/Vote History
Shimer
Robert Shimer
University of Chicago
Uncertain
5
Bio/Vote History
In the short run, this would put upward pressure on wages of workers currently in non-compete agreements. In the long run, it would restructure employment relationships, lower productivity, and hence adversely affect earnings.
Stock
James Stock
Harvard Did Not Answer Bio/Vote History
Thaler
Richard Thaler
Chicago Booth
Disagree
4
Bio/Vote History
Udry
Christopher Udry
Northwestern
Agree
5
Bio/Vote History

Question B Participant Responses

Participant University Vote Confidence Bio/Vote History
Acemoglu
Daron Acemoglu
MIT
Uncertain
4
Bio/Vote History
Same as the previous question. The evidence is not there yet.
Altonji
Joseph Altonji
Yale
Uncertain
4
Bio/Vote History
Noncompetes help firms protect intellectual property, but they reduce the ability of new competitors to assemble a workforce.
Auerbach
Alan Auerbach
Berkeley
Uncertain
3
Bio/Vote History
Autor
David Autor
MIT
Uncertain
5
Bio/Vote History
No info on this.
Baicker
Katherine Baicker
University of Chicago Did Not Answer Bio/Vote History
Banerjee
Abhijit Banerjee
MIT Did Not Answer Bio/Vote History
Bertrand
Marianne Bertrand
Chicago
Uncertain
3
Bio/Vote History
Brunnermeier
Markus Brunnermeier
Princeton Did Not Answer Bio/Vote History
Chetty
Raj Chetty
Harvard Did Not Answer Bio/Vote History
Chevalier
Judith Chevalier
Yale
Uncertain
5
Bio/Vote History
Cutler
David Cutler
Harvard
Agree
2
Bio/Vote History
Deaton
Angus Deaton
Princeton
Agree
5
Bio/Vote History
Duffie
Darrell Duffie
Stanford
Agree
1
Bio/Vote History
Again, I don't have conviction. For example, maybe I am wrong because a ban could make hiring the affected experts become uneconomic.
Edlin
Aaron Edlin
Berkeley
Agree
3
Bio/Vote History
California provides some limited evidence.
Eichengreen
Barry Eichengreen
Berkeley
Agree
5
Bio/Vote History
Einav
Liran Einav
Stanford
Uncertain
1
Bio/Vote History
Fair
Ray Fair
Yale
Uncertain
5
Bio/Vote History
Finkelstein
Amy Finkelstein
MIT Did Not Answer Bio/Vote History
Goldberg
Pinelopi Goldberg
Yale
Disagree
5
Bio/Vote History
See previous answer
Greenstone
Michael Greenstone
University of Chicago
Uncertain
3
Bio/Vote History
Hall
Robert Hall
Stanford
Disagree
2
Bio/Vote History
Protection of IP may be important for innovation
Hart
Oliver Hart
Harvard
Uncertain
5
Bio/Vote History
Ideas will move more easily but firms will have less incentive to innovate given that their intellectual property rights are less secure.
Holmström
Bengt Holmström
MIT
Agree
4
Bio/Vote History
Hoxby
Caroline Hoxby
Stanford
Uncertain
10
Bio/Vote History
Hoynes
Hilary Hoynes
Berkeley
Uncertain
5
Bio/Vote History
I don’t know of research on this.
Judd
Kenneth Judd
Stanford
Agree
6
Bio/Vote History
Non-compete clauses may protect employers' intellectual property but my guess is that they are overly broad and firms' deep pockets deter legal action against inefficient restrictions on employee movement. The net effect of limiting no-complete clauses would be positive.
Kaplan
Steven Kaplan
Chicago Booth
Disagree
3
Bio/Vote History
Kashyap
Anil Kashyap
Chicago Booth
Agree
1
Bio/Vote History
Klenow
Pete Klenow
Stanford
Uncertain
2
Bio/Vote History
Levin
Jonathan Levin
Stanford
Agree
3
Bio/Vote History
Maskin
Eric Maskin
Harvard
Uncertain
5
Bio/Vote History
An increase in innovation is one possibility, since ideas would be spread more widely. But a decrease is also possible, since inventors would have a harder time getting a return on their investment
Nordhaus
William Nordhaus
Yale
Agree
3
Bio/Vote History
I think positive would be more accurate, but it would help.
Obstfeld
Maurice Obstfeld
Berkeley
Disagree
3
Bio/Vote History
Saez
Emmanuel Saez
Berkeley
Agree
4
Bio/Vote History
Samuelson
Larry Samuelson
Yale
Agree
6
Bio/Vote History
Unsure about the magnitude, but removing a constraint should enhance innovation.
Scheinkman
José Scheinkman
Columbia University
Disagree
4
Bio/Vote History
See Carlino 2021 (Federal Reserve Bank of Philadelphia)
-see background information here
Schmalensee
Richard Schmalensee
MIT
Agree
5
Bio/Vote History
Shapiro
Carl Shapiro
Berkeley
Agree
3
Bio/Vote History
Shimer
Robert Shimer
University of Chicago
Disagree
7
Bio/Vote History
Stock
James Stock
Harvard Did Not Answer Bio/Vote History
Thaler
Richard Thaler
Chicago Booth
Disagree
5
Bio/Vote History
Udry
Christopher Udry
Northwestern
Disagree
4
Bio/Vote History
The effects on discouraging training and on increasing cross firm flows of info offset, probably limiting net changes.

Question C Participant Responses

Participant University Vote Confidence Bio/Vote History
Acemoglu
Daron Acemoglu
MIT
Disagree
4
Bio/Vote History
There is no evidence that firms are investing in training because of non-competes.
Altonji
Joseph Altonji
Yale
Uncertain
3
Bio/Vote History
Auerbach
Alan Auerbach
Berkeley
Agree
3
Bio/Vote History
Autor
David Autor
MIT
Uncertain
5
Bio/Vote History
Just don't have enough evidence to make any quantitative statement, even a qualitative quantitative statement(such as "a measurable reduction").
Baicker
Katherine Baicker
University of Chicago Did Not Answer Bio/Vote History
Banerjee
Abhijit Banerjee
MIT Did Not Answer Bio/Vote History
Bertrand
Marianne Bertrand
Chicago
Uncertain
4
Bio/Vote History
Brunnermeier
Markus Brunnermeier
Princeton Did Not Answer Bio/Vote History
Chetty
Raj Chetty
Harvard Did Not Answer Bio/Vote History
Chevalier
Judith Chevalier
Yale
Uncertain
6
Bio/Vote History
Tricky and depends on treatment of contractual workarounds (repayment of specific training expenses, etc); incentives to self-financed training of course higher.
Cutler
David Cutler
Harvard
Uncertain
5
Bio/Vote History
Deaton
Angus Deaton
Princeton
Agree
4
Bio/Vote History
Duffie
Darrell Duffie
Stanford
Uncertain
1
Bio/Vote History
Edlin
Aaron Edlin
Berkeley
Agree
4
Bio/Vote History
Theory suggests some effect.
Eichengreen
Barry Eichengreen
Berkeley
Uncertain
5
Bio/Vote History
Einav
Liran Einav
Stanford
Uncertain
1
Bio/Vote History
Fair
Ray Fair
Yale
Uncertain
5
Bio/Vote History
Finkelstein
Amy Finkelstein
MIT Did Not Answer Bio/Vote History
Goldberg
Pinelopi Goldberg
Yale
Disagree
5
Bio/Vote History
See previous answer
Greenstone
Michael Greenstone
University of Chicago
Agree
4
Bio/Vote History
Hall
Robert Hall
Stanford
Agree
1
Bio/Vote History
Hart
Oliver Hart
Harvard
Agree
6
Bio/Vote History
With respect to training in general skills, yes. With respect to training in specific skills, less clear.
Holmström
Bengt Holmström
MIT
Uncertain
4
Bio/Vote History
Hoxby
Caroline Hoxby
Stanford
Agree
5
Bio/Vote History
Hoynes
Hilary Hoynes
Berkeley
Disagree
8
Bio/Vote History
Judd
Kenneth Judd
Stanford
Uncertain
6
Bio/Vote History
Kaplan
Steven Kaplan
Chicago Booth
Uncertain
8
Bio/Vote History
Depends on the industry.
Kashyap
Anil Kashyap
Chicago Booth
Disagree
2
Bio/Vote History
I doubt the people being forced to sign are getting explicit training.
Klenow
Pete Klenow
Stanford
Uncertain
1
Bio/Vote History
Levin
Jonathan Levin
Stanford
Disagree
3
Bio/Vote History
Maskin
Eric Maskin
Harvard
Agree
6
Bio/Vote History
A firm is less likely to invest in an employee's human capital if that employee can turn around and work for the employee's competitor
Nordhaus
William Nordhaus
Yale
Uncertain
5
Bio/Vote History
Obstfeld
Maurice Obstfeld
Berkeley
Uncertain
3
Bio/Vote History
Saez
Emmanuel Saez
Berkeley
Uncertain
5
Bio/Vote History
Samuelson
Larry Samuelson
Yale
Agree
8
Bio/Vote History
One expects firms to be leery of employees taking the gains from training elsewhere.
Scheinkman
José Scheinkman
Columbia University
Agree
5
Bio/Vote History
Schmalensee
Richard Schmalensee
MIT
Agree
5
Bio/Vote History
Shapiro
Carl Shapiro
Berkeley
Agree
4
Bio/Vote History
Shimer
Robert Shimer
University of Chicago
Agree
7
Bio/Vote History
Stock
James Stock
Harvard Did Not Answer Bio/Vote History
Thaler
Richard Thaler
Chicago Booth
Disagree
5
Bio/Vote History
Udry
Christopher Udry
Northwestern
Agree
5
Bio/Vote History