48 Ga. L. Rev. [i] (2013-2014)

handle is hein.journals/geolr48 and id is 1 raw text is: GEORGIA LAW REVIEW
VOLUME 48      FALL 2013        NUMBER 1

ARTICLES
Defying Conventional Wisdom: The Case for
Private Antitrust Enforcement ................................ Joshua P. Davis 1
Robert H. Lande
The conventional wisdom is that private antitrust
enforcement lacks any value. Indeed, skepticism of private
enforcement has been so great that its critics make
contradictory claims. The first major line of criticism is
that private enforcement achieves too little-it does not
even minimally compensate the actual victims of antitrust
violations and does not significantly deter those violations.
A   second   line  of  criticism  contends  that private
enforcement achieves    too  much-providing     excessive
compensation, often to the wrong parties, and producing
overdeterrence.  This Article undertakes the first ever
systematic evaluation of these claims. Building upon
original empirical work and theoretical inquiry by the
authors, and an assessment of the specific factual bases of
the criticisms, the Article demonstrates that private
enforcement    provides    important    and    beneficial
compensation and deterrence, although the level of both is
likely suboptimal. Moreover, the Article shows it is highly
unlikely that private enforcement produces excessive
compensation or deterrence. The Article concludes that
private enforcement should be strengthened and explores
some implications of this conclusion.
Reflecting Risk: Chemical Disclosure and
Hydraulic Fracturing .................................................. Sara  Gosman  83
In the last three years, twenty-two states have responded
to public concern about high-volume hydraulic fracturing
by requiring disclosure of the chemicals injected into oil
and gas wells. Central to these policies is a nationwide
website known as FracFocus, which now contains data
on almost 56,000 wells. No environmental issue in recent

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