Banning non compete deals often makes sense, if they have become a standard part of terms and conditions and are hard to avoid. But people flying budget airline

Banning non compete deals often makes sense, if they have become a standard part of terms and conditions and are hard to avoid. But people flying budget airlines usually have many other choices. Often they could upgrade to an exit row seat for a small fee, or choose a more expensive carrier with more room. They usually have the choice and the majority choose not to. This doesn't look like a market failure.