There is not even clarity about which business asset

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An important step towards questioning the validity of such clauses in the labor field was the recent initiative by the US Federal Trade Commission in April of this year, in favor of banning non-competition clauses in labor relations, even though the enforcement of such a measure, scheduled for September 2024, has been suspended by a court order [3] .

For the FTC, the ban on non-compete clauses in the workplace, which was imposed on 18% of workers, aims to protect the fundamental freedom of workers to change jobs and would also have the beneficial bulk sms netherlands consequences of increasing innovation and encouraging new businesses. According to Lina Kahn, chairwoman of the FTC, such clauses are responsible for keeping wages artificially low, suppressing new ideas and taking away the dynamism of the economy.

Concerns about such clauses in the world of work show the greater difficulties of the issue when dealing with asymmetrical relationships, which is particularly true in relation to low-skilled employees, who rarely have access to confidential or competitively sensitive information about their employers. Precisely for this reason, there is not even clarity about which business asset is intended to be legitimately protected by such clauses.

In any case, it is important to understand that such clauses need to be analyzed according to their context, with special attention to their economic rationality and their legitimate legal purpose. In any case, it should not be forgotten that, strictly speaking, non-competition clauses serve to enhance free competition and not to unduly restrict it.