Benjamin Dryden Discusses Impact of Proposed Noncompete Ban on Nonprofit Hospitals

20 January 2023 Healthcare Dive News

Foley & Lardner LLP Partner Benjamin Dryden is quoted in the Healthcare Dive article, “Nonprofit hospitals may evade noncompete ban enforcement, experts say,” discussing the impact on the health care sector – in particular nonprofit hospitals – of the federal government’s proposal to ban noncompete arrangements in employment contracts. The Federal Trade Commission’s proposal would ban future noncompetes while also invalidating existing ones.

Whether the proposed noncompete ban will apply to nonprofit hospitals, which make up half of all the hospitals in the United States, remains unclear.

“The scope of the nonprofit exemption itself is not very well settled,” Dryden, who is vice chair of Foley’s Antitrust Practice Group, commented.