Primary statute
O.C.G.A. §§ 13-8-53(d), 13-8-54(b)
Primary verifiedhttps://law.justia.com/codes/georgia/title-13/chapter-8/article-4/section-13-8-53/
- Effective
- 2011-05-11
- Research verified
- 2026-05-08
Enforceable with limits
Non-compete enforceability in Georgia
Court may modify void covenants but only to make less restrictive — cannot rewrite from whole cloth.
What this means for you
Georgia generally enforces non-competes that protect a legitimate business interest and are reasonable in duration, geography, and scope. Courts apply this state's reformation or blue-pencil approach to overbroad clauses.
Doctrine
Narrow reformation. Courts may strike or narrow over-broad covenants but cannot rewrite them to be more restrictive than originally drafted.
Gotchas
- Modification narrower than TX/FL — courts may strike or narrow but cannot expand.
- Pre-2010 vs post-2010 covenants have different rules (constitutional amendment + statutory enactment).
Federal context
The FTC's 2024 federal non-compete ban was vacated nationwide in Ryan v. FTC and removed from the Code of Federal Regulations in February 2026. There is no federal ban in force — so Georgia's state law controls. Read the federal status.
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