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On the inefficiency of non-competes in low-wage labour markets
Journal article   Peer reviewed

On the inefficiency of non-competes in low-wage labour markets

Tristan Potter, Bart Hobijn and Andre Kurmann
Economica (London)
07 Feb 2024

Abstract

Business & Economics Economics Social Sciences
We study the efficiency of non-compete agreements (NCAs) in an equilibrium model of labour turnover. The model is consistent with empirical studies showing that NCAs reduce turnover and average wages for low-wage workers. The model also predicts that, by reducing turnover, NCAs raise recruitment and employment. We show that optimal NCA policy: (i) is characterized by a Hosios-like condition that balances the benefits of higher employment against the costs of inefficient congestion and poaching; (ii) depends critically on the minimum wage; and (iii) alone cannot always achieve the constrained-efficient allocation-a result that also holds for optimal minimum wage policy-yet with both policies, efficiency is always attainable. To guide policymakers, we derive a sufficient statistic in the form of an easily computed employment threshold above which NCAs are necessarily inefficiently restrictive, and show that employment levels in current low-wage US labour markets typically exceed this threshold. Finally, we calibrate the model and show that Oregon's 2008 NCA ban for low-wage workers increased welfare modestly (by roughly 0.1%), and that if policymakers had also raised the minimum wage to its optimal level conditional on the enacted NCA ban (a 30% increase), then welfare would have increased more substantially-by over 1%.

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2 citations in Scopus

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UN Sustainable Development Goals (SDGs)

This publication has contributed to the advancement of the following goals:

#1 No Poverty
#8 Decent Work and Economic Growth
#10 Reduced Inequalities

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Collaboration types
Domestic collaboration
Web of Science research areas
Economics
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