NERA Director Erin Johnson published an article titled “Economic Evidence in Criminal Labor Cases” in the California Lawyers Association’s Competition Journal Articles in October 2024.   

The article examines the role of economic analysis in criminal antitrust cases involving labor markets, focusing on allegations of wage-fixing and no-poach agreements between employers. It defines wage-fixing and no-poach agreements, provides an overview of criminal cases, and describes the economic mechanisms and theories of harm for no-poach and wage-fixing agreements. 
 
Dr. Johnson explores how cases such as United States v. DaVita Inc., et al. and United States v. Patel et al. have tested the use of economic evidence to assess intent, market impact, and the competitive effects of the alleged conduct. She explains that economic evidence is relevant to key questions, including those related to determining the existence and intent of an alleged conspiracy as well as whether the per se standard applies.