Edgeworth Client Prevails in No-Poaching Antitrust Litigation

Edgeworth CEO Dr. John Johnson, working with Principal Consultant Dr. David Colino, was retained by AMN Healthcare, a major healthcare staffing company, in an antitrust matter brought by a competitor alleging Section 1 and Section 2 claims.

In this federal court litigation involving claims of unreasonable restraints of trade and attempted monopolization, the Plaintiff alleged that competition in the travel nurse industry was harmed by non-solicitation provisions included in the Defendant’s agreements with other healthcare contingent staffing companies. Additionally, Plaintiff claimed it was harmed by Defendant’s termination of the two parties’ collaboration.

Edgeworth was retained to analyze the economics of the healthcare contingent staffing industry and to respond to the analyses and opinions put forward by Plaintiff’s economic expert. Dr. Johnson submitted two reports in the case analyzing issues relevant to market definition, market power, harm to competition, and damages, and was subsequently deposed.

Following Dr. Johnson’s reports and deposition, the US District Court Judge for the Southern District of California found that the opposing expert’s analyses were deficient, seriously flawed, unreliable, and incapable of supporting the expert’s assertions. Judge Anello then granted summary judgment in favor of Edgeworth’s client. Plaintiff has filed an appeal with the Ninth Circuit.


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