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August 01, 2023   

Non-Competes in the Health Care Industry: Where Do Things Stand?

This Briefing is brought to you by AHLA’s Payers, Plans, and Managed Care Practice Group.
  • August 01, 2023
  • Amanda Wait , Norton Rose Fulbright US LLP
  • Carsten Reichel , Norton Rose Fulbright US LLP

Throughout 2023, antitrust enforcers and state legislatures have trained their focus on non-compete agreements, including the Federal Trade Commission’s (FTC’s) proposal to ban employment non-competes nationwide.

With estimates that one of every five American workers—some 30 million people—is subject to a non-compete clause, the issue affects the entire economy. The health care industry, where the use of non-competes is common, is no exception: for instance, one 2018 study estimated that approximately 45% of primary care physicians are subject to non-compete provisions.

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