An Empirical Assessment of Private Antitrust Non-Monetary Remedies

Abstract

This report is a product of the Law and Policy Lab initiative at Stanford Law School. The Private Antitrust Remedies Policy Lab took place during the Winter and Spring quarters of 2026. Professor Mark A. Lemley and JSD Candidates Gabriel Faria Bernardes and Ludmilla Martins da Silva instructed and supervised thirteen students in collecting and processing empirical data on the use of non-monetary remedies in antitrust conduct litigation. The practicum combined a Speaker Series with an empirical track, resulting in this report and three novel datasets. We are deeply grateful to the California Attorney General’s Office and the American Antitrust Institute, particularly Paula Blizzard and Randy Stutz, for their generous support of this research initiative. We also thank Professor Joshua P. Davis, Professor Christine Bartholomew, Professor Phil Malone, and U.S. District Judge Jon S. Tigar (Northern District of California) for generously sharing their time and expertise during the Policy Lab Speaker Series. Likewise, we thank former SLS Dean Paul Brest, Luciana Herman, Laura Garritano, the Robert Crown Library Staff Team, and the other student coders for their time and assistance. Finally, we are grateful for the Haas Center for Public Service’s support for this project through its Cardinal Course designation and grant.

Details

Author(s):
  • Mark A. Lemley
  • Gabriel Faria Bernardes
  • Ludmilla Martins da Silva
  • Alaina Neuburger
  • Kuenhee Lee
  • Melanie Lauren Luh
  • Olivia Chiang
  • Olivia Sieler
  • Omkar Bhalchandra Katre
  • Rikhil Ranjit
  • Vanesska Hall
  • Yannick Doyle
  • Yuji Kawaide
Publish Date:
July 1, 2026
Publisher:
Stanford Law
Format:
Report
Citation(s):
  • Mark A. Lemley, Gabriel F. Bernardes, Ludmilla M. da Silva, Alaina Neuburger, Kuenhee Lee, Melanie L. Luh, Olivia Chiang, Olivia Sieler, Omkar B. Katre, Rikhil Ranjit, Vanessa Hall, Yannick Doyle & Yuji Kawaide, An Empirical Assessment of Private Antitrust Non-Monetary Remedies, Stanford Law School Law and Policy Lab, 2025–2026 Spring (Policy Practicum: Private Antitrust Enforcement Remedies (810H); Teaching/Supervising Team: Mark A. Lemley, Gabriel F. Bernardes & Ludmilla Martins da Silva).
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