The FTC's Reembrace of Non-Compete Agreements

FTC is looking for ways to figure out that we can improve the merger laws. If it turns out that one of the things that should be on the table is a relaxation of one or another of the prohibitions, that should be fair game. The way in which they stack the inquiry, what they do is they assume that everything which we have today is under enforcement. But it turns out this is clearly false if there's the same kind of trade off with mergers as there is with covenants, not to compete.