On September 4, 2025 the Federal Trade Commission released a request for information (RFI) on how employers are using non-compete clauses in employment contracts, and the impact of these contractual arrangements on the patient-physician relationship, workforce, and healthcare market dynamics. The RFI seeks input on a broad range of topics, including:
- The terms of non-compete arrangements used by employers;
- The impact of non-compete clauses on career mobility, quality of life, and income;
- The impact of non-competes on competition, innovation, and formation of new businesses; and
- Other restrictive covenants often used in conjunction with non-compete arrangements.
The RFI is part of a broader effort by FTC to use its enforcement authority to combat the abuse of non-compete clauses for anti-competitive purposes. On September 10, the FTC commissioner sent a letter to large healthcare organizations across the country urging them to conduct a review of their employment agreements and warned that it would take action against organizations using non-competes in a manner that might constitute an "unfair method of competition" under section 5 of the FTC Act. Responses to this RFI will help inform the agency's actions.
Please note that all responses will be kept anonymous and any identifying details will NOT be shared.