IDEAS home Printed from https://ideas.repec.org/a/aea/jecper/v40y2026i1p139-66.html

The Economics of Noncompete Clauses

Author

Listed:
  • Evan Starr

Abstract

For over 600 years, debates over noncompete clauses have centered on whether they function as efficient contracting tools or anticompetitive restraints on workers. This article reassesses that debate in light of recent policy attention and new empirical and theoretical research. Proponents argue that noncompetes are necessary to protect investments in training and trade secrets, increasing productivity and wages. However, recent studies indicate that the widespread use of noncompetes—frequently extending beyond roles involving sensitive information—and their enforceability lower mobility, wages, innovation, and entrepreneurship. Moreover, in many cases, less restrictive contractual terms appear to safeguard firm interests. Evidence of spillovers to other workers and across state boundaries, as well as behavioral effects even when noncompetes are unenforceable, raises questions about whether existing state-level enforcement regimes adequately address their observed impacts.

Suggested Citation

  • Evan Starr, 2026. "The Economics of Noncompete Clauses," Journal of Economic Perspectives, American Economic Association, vol. 40(1), pages 139-166, Winter.
  • Handle: RePEc:aea:jecper:v:40:y:2026:i:1:p:139-66
    DOI: 10.1257/jep.20251457
    as

    Download full text from publisher

    File URL: https://www.aeaweb.org/doi/10.1257/jep.20251457
    Download Restriction: Access to full text is restricted to AEA members and institutional subscribers.

    File URL: https://www.aeaweb.org/articles/materials/24609
    Download Restriction: no

    File URL: https://libkey.io/10.1257/jep.20251457?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to

    for a different version of it.

    More about this item

    JEL classification:

    • D86 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Economics of Contract Law
    • J41 - Labor and Demographic Economics - - Particular Labor Markets - - - Labor Contracts
    • J63 - Labor and Demographic Economics - - Mobility, Unemployment, Vacancies, and Immigrant Workers - - - Turnover; Vacancies; Layoffs
    • J83 - Labor and Demographic Economics - - Labor Standards - - - Workers' Rights
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
    • O31 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Innovation and Invention: Processes and Incentives

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:aea:jecper:v:40:y:2026:i:1:p:139-66. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Michael P. Albert (email available below). General contact details of provider: https://edirc.repec.org/data/aeaaaea.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.