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

Abstract

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%.