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Let's Know Things

Non-Competes

Let's Know Things

Colin Wright

News Commentary, News

4.8593 Ratings

🗓️ 24 January 2023

⏱️ 17 minutes

🧾️ Download transcript

Summary

This week we talk about gunmakers, blacksmiths, and Lina Khan.

We also discuss the FTC, employer-employee relations, and competition law.

Show notes / transcript: https://letsknowthings.com/episode347



This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit letsknowthings.substack.com/subscribe

Transcript

Click on a timestamp to play from that location

0:00.0

Competition law is a subfield of other market and economic-focused legal fields that's focused on incentivizing

0:23.5

through various carrots and sticks and via the framework of how society and commerce function,

0:30.0

competition within commerce. The theory here is that more competition, both in the sense of more

0:36.1

competitors, and in the sense that competitors

0:38.2

can better challenge each other, leads to better products and services, cheaper prices,

0:43.9

and thus over time a superior marketplace for those selling goods and services and for consumers

0:50.5

on the other end of all those transactions.

0:52.9

This also, in theory, makes life better for the relevant government entities as a more flourishing economic situation and happier populace means less social unrest and more tax revenue flowing into government coffers. A win-win-win-win situation. One facet of the larger body of competition law is focused on what are called restraints of trade.

1:17.6

Basically, anything that limits or reduces competition, especially things that restrict the various involved party's ability to conduct business the best way they know how.

1:28.4

This aspect of this type of law coalesced several hundred years ago in Britain,

1:33.1

where concerns held by burgeoning manufacturing companies

1:36.1

led to the deployment of contracts that said, in essence,

1:39.6

if you come work for us, using our specialized textile machines, for instance, you can't then quit and

1:46.5

immediately start up your own textile business down the street using what you learned from us,

1:51.6

including our valuable trade secrets, to then make similar products and steal our customers

1:58.0

and generally threaten our business. These contracts were typically limited in geographic scope,

2:03.4

saying former employees could not start up a similar business within the same city or region,

2:08.6

and it often included a time period as well.

2:11.6

You can't start up a textile business in the Greater London area for the next three years, let's say.

2:18.4

This type of contract for a long time wasn't widely enforced,

2:23.8

even if businesses attempted to make it a real deal legal sort of thing.

2:28.6

Back in the day before labor was commodified by modern machinery

...

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