Executive Order
#14337 -- Revocation of Executive Order on Competition (August 13, 2025)
Highlights
EO#14337 revokes Biden's EO#14036 issued in 2021, which had directed federal agencies to prioritize prosecution of illegal wage-fixing, and also to crack down on overly broad and restrictive non-compete agreements such that employees at a certain level were restricted in their mobility in the labor market.
Key Compliance/Risk Cue
Revocation of EO#14036 does not remove legal restrictions on wage-fixing at the federal or state level, nor does it allow for broad and all-encompassing non-competes. First, wage-fixing remains unlawful under the Sherman Act. EO#14337 merely de-prioritizes enforcement. Second, several state antitrust laws prohibit extensive non-competes at certain job levels, and other states have similar limitations on how restrictive non-competes can be. Finally, even though EO#14337 reduces the priority of enforcement of these labor-related antitrust limitations, the statute of limitations on violations, particularly if the violations are ongoing, could extend beyond the current Trump Administration. So just tread carefully as a General Counsel and/or Head of HR.
Litigation Snapshot
No litigation as yet
