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Optimal Regulation of Noncompete Contracts

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  • Liyan Shi

Abstract

I study regulation of noncompete employment contracts, assessing the trade‐off between restricting worker mobility and encouraging firm investment. I develop an on‐the‐job search model in which firms and workers sign dynamic wage contracts with noncompete clauses and firms invest in their workers' general human capital. Employers use noncompete clauses to enforce buyout payments when their workers depart, ultimately extracting rent from future employers. This rent extraction is socially excessive, and restrictions on these clauses can improve efficiency. The optimal regulation policy is characterized. In an application to the managerial labor market using a novel contract data set, I find the optimal policy to be quantitatively close to a ban.

Suggested Citation

  • Liyan Shi, 2023. "Optimal Regulation of Noncompete Contracts," Econometrica, Econometric Society, vol. 91(2), pages 425-463, March.
    • Handle: RePEc:wly:emetrp:v:91:y:2023:i:2:p:425-463
    DOI: 10.3982/ECTA18128
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    Cited by:

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    2. David Berger & Kyle Herkenhoff & Andreas R. Kostøl & Simon Mongey, 2024. "An Anatomy of Monopsony: Search Frictions, Amenities, and Bargaining in Concentrated Markets," NBER Macroeconomics Annual, University of Chicago Press, vol. 38(1), pages 1-47.
    3. Fumarco, Luca & Longley, Neil & Palermo, Alberto & Rossi, Giambattista, 2024. "Strategic Behaviours in a Labour Market with Mobility-Restricting Contractual Provisions: Evidence from the National Hockey League," IZA Discussion Papers 16836, Institute of Labor Economics (IZA).
    4. Tristan Potter & Bart Hobijn & André Kurmann, 2024. "On the inefficiency of non‐competes in low‐wage labour markets," Economica, London School of Economics and Political Science, vol. 91(362), pages 446-496, April.
    5. Rasmus Lentz & Nicolas Roys, 2024. "Training and Search On the Job," Review of Economic Dynamics, Elsevier for the Society for Economic Dynamics, vol. 53, pages 123-146, July.
    6. Amand, Marnix & Chéron, Arnaud & Pelgrin, Florian & Terriau, Anthony, 2023. "Soccer labour market equilibrium and efficient training of players," European Economic Review, Elsevier, vol. 156(C).
    7. Arnaud Chéron & Anthony Terriau, 2023. "On-The-Job Search, Life-cycle Training, and the Role of Transfer Fees," TEPP Working Paper 2023-06, TEPP.
    8. Eric Bartelsman & Sabien Dobbelaere & Alessandro Zona Mattioli, 2024. "Non-Compete Agreements, Tacit Knowledge and Market Imperfections," Tinbergen Institute Discussion Papers 24-055/V, Tinbergen Institute.
    9. Iacopetta, Maurizio & Minetti, Raoul & Murro, Pierluigi, 2024. "Growing through spinoffs. Corporate governance, entry dynamics, and innovation," Journal of Economic Dynamics and Control, Elsevier, vol. 161(C).
    10. Nicolas Bonneton & Christopher Sandmann, 2023. "Non-Stationary Search and Assortative Matching," CRC TR 224 Discussion Paper Series crctr224_2023_465, University of Bonn and University of Mannheim, Germany.
    11. Eric Bartelsman & Sabien Dobbelaere & Alessandro Zona Mattioli, 2024. "Non-Compete Agreements, Tacit Knowledge and Market Imperfections," Tinbergen Institute Discussion Papers 24-055/V, Tinbergen Institute.

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