The 2024 Concurrences Antitrust Writing Awards Honor O’Melveny’s Anna Pletcher, Julia Schiller, and Mike Rosenblatt

O’Melveny partners Anna Pletcher and Julia Schiller, along with associate Mike Rosenblatt, were honored at the 2024 Concurrences Antitrust Writing Awards ceremony in Washington, DC, for their article titled, “What California Can Teach Us About a World Without Non-Competes,” in the “Business Articles, Concerted Practices” category. 

In January 2023, the FTC announced a Notice of Proposed Rulemaking that would potentially prohibit the majority of non-compete agreements going forward and retrospectively void existing agreements by deeming them unfair methods of competition in violation of Section 5 of the FTC Act. The FTC acknowledged the serious impact it would have on approximately 30 million people (or 18% of the workforce) and analyzed how various states have implemented laws prohibiting non-compete agreements and. Historically, it is the state of California that has demonstrated the most robust use of these restrictions as well as a proven success record in creating a sustainable and rich jurisprudence. 

This article examines the specific strategies that California businesses have incorporated to safeguard their legitimate interests in the absence of non-compete agreements and the consequential case law that has developed. The authors offer practical advice related to how the state has applied the ban so that employers can better navigate the challenges related to safeguarding trade secrets, protecting investments in employees, and preserving the value of a company during a merger or sale.

The Antitrust Writing Awards “promote competition scholarship and contribute to competition advocacy” by selecting the “best antitrust writings published in the past year.” The winning pieces are chosen from a pool of more than 1,200 articles by 60 international antitrust experts.

Read the full article here.