Private Antitrust Enforcement Remedies (810H)
Private litigation is the backbone of U.S. antitrust enforcement. For decades public agencies have brought a limited share of cases while private plaintiffs have initiated the overwhelming majority of enforcement actions. Most private antitrust matters resolve short of trial, and important remedies may be implemented through negotiated settlements rather than judicial decrees. Still, the non-monetary terms of settlements (e.g., injunctions, behavioral commitments, structural changes, and other forms of equitable relief) remain poorly documented in any systematic or public way.
Over the course of two quarters, this practicum will offer students a chance to address this gap by contributing to a pioneering empirical project, providing substantial evidence on the contribution of private parties to the antitrust enterprise. Under the oversight of Professor Mark Lemley and close mentoring from two teaching assistants with antitrust expertise, students will embark on a hands-on journey into the heart of private antitrust litigation: antitrust MDLs. In the first quarter, we will focus on gathering and analyzing data on what plaintiffs request and obtain as non-monetary remedies. This analysis will serve as the foundation for creating a novel, publicly available database documenting these remedies. In the second quarter, we will then develop a comprehensive report outlining policy implications and recommendations in the second quarter.
Students will have an opportunity to present their results to the California Attorney General’s office and perhaps to other government agencies or nonprofit organizations. Students will have contact with professionals working at the forefront of private antitrust litigation, understanding what these negotiations involve and how lawyers translate their clients’ needs into concrete measures. At a high level, they will gain insights into the implications of these case-by-case decisions for the antitrust policy. Accordingly, this practicum pairs rigorous empirical work with practitioner-facing policy analysis. This initiative aims to:
- create a public resource for researchers and policymakers,
- inform ongoing state and agency deliberations about antitrust remedies, and
- train students in the methods and norms of empirical legal research and policy engagement.
Elements used in grading: Attendance, class participation, prototype database, final paper.
CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available at SLS Registrar https://registrar.law.stanford.edu/.
