
You Compete Me: The Case for Keeping Non-Compete Agreements | Libertarian: Richard Epstein | Hoover Institution
Libertarian
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The Per Se Illegality of Non-Compete Agreements
I'm still looking at this from the perspective of noncompetes, probably used more by existing companies. I'm worried about stifling competition in that way. So what level of non-compete agreements will still promote competition without enshrining existing companies and stifling new competition? Do you want to leave things as they are now? I mean, are there ways to sculpt this? Well, I think the current situation is pretty good. If somebody wanted to change it rather than starting from the presumption of a per se illegality, you would ask them to look at the particular rules that I mentioned with respect to time, duration, and product line and geography.
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