International Review of Law and Economics最新文献

筛选
英文 中文
Case law in European merger control 欧洲兼并控制判例法
IF 0.9 3区 社会学
International Review of Law and Economics Pub Date : 2025-03-01 Epub Date: 2024-11-16 DOI: 10.1016/j.irle.2024.106236
Johan Callermo
{"title":"Case law in European merger control","authors":"Johan Callermo","doi":"10.1016/j.irle.2024.106236","DOIUrl":"10.1016/j.irle.2024.106236","url":null,"abstract":"<div><div>This paper studies references to case law in merger control decisions by the EC Directorate General for Competition (DG COMP) in 1990–2022. I use the full set of references to Court of Justice of the European Union (CJEU) judgments in DG COMP decisions to examine implementation, industry dynamics and effects of the 2004 merger control reform. New case law is shown to be immediately incorporated into the merger control practice without a learning period, subsequent citations correlate with industry-specific merger activity and the 2004 ECMR reform changed which judgments are frequently cited. European merger control should thus be viewed as a dynamic framework rather than constant in time and across industries. When controlling for quantifiable determinants of case law citations, the <em>ceteris paribus</em> relevance of case law is constant for 20–25 years, implying that judgments do not intrinsically lose relevance over time.</div></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"81 ","pages":"Article 106236"},"PeriodicalIF":0.9,"publicationDate":"2025-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142700071","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Jury priors and observable defendant characteristics 陪审团先验和可观察的被告特征
IF 0.9 3区 社会学
International Review of Law and Economics Pub Date : 2025-03-01 Epub Date: 2025-01-06 DOI: 10.1016/j.irle.2025.106245
Jesse Bull
{"title":"Jury priors and observable defendant characteristics","authors":"Jesse Bull","doi":"10.1016/j.irle.2025.106245","DOIUrl":"10.1016/j.irle.2025.106245","url":null,"abstract":"<div><div>Although prohibited, jurors sometimes condition, consciously or subconsciously, their belief that a defendant is guilty on the defendant’s race or ethnicity or other observable characteristics. This can be viewed as a juror forming a prior or pre-trial/evidence disclosure belief of guilt. In doing this, they rely on their perceptions of education, socio-economic status, religion, beliefs, networks, etc. for the defendant’s race (or other observable characteristic) and how they perceive those to influence the probability the defendant is guilty. This is consistent with aversive discrimination, which suggests that people want to be egalitarian and not condition on race but have a tendency to base decisions on factors that are discriminatory when race is not salient. When this prior or pre-trial/evidence disclosure belief of guilt overestimates the prior probability of guilt for those in the minority group, it underestimates the prior probability of guilt for those in the majority group. Prohibiting conditioning on observable defendant characteristics can be viewed as requiring the use of the population prior/pre-trial probability of guilt. Conditions for when such prohibition improves accuracy are provided. While it is difficult to effectively prohibit this, studies of aversive discrimination suggest that making race salient in a trial can reduce implicit bias on race. So these results may provide some guidance on when such activity should be permitted.</div></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"81 ","pages":"Article 106245"},"PeriodicalIF":0.9,"publicationDate":"2025-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143180526","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
An inspector calls: On the optimality of warning firms about ongoing inspections in antitrust policy 一名检查员呼吁:在反垄断政策中警告公司正在进行的检查的最优性
IF 0.9 3区 社会学
International Review of Law and Economics Pub Date : 2025-03-01 Epub Date: 2024-12-28 DOI: 10.1016/j.irle.2024.106244
María C. Avramovich
{"title":"An inspector calls: On the optimality of warning firms about ongoing inspections in antitrust policy","authors":"María C. Avramovich","doi":"10.1016/j.irle.2024.106244","DOIUrl":"10.1016/j.irle.2024.106244","url":null,"abstract":"<div><div>This paper investigates the effects of disclosing information about the likelihood of an inspection on the sustainability of cartels. To this end, I develop a model in which the Antitrust Authority can credibly disclose this type of information before firms make strategic decisions. In this way, the Antitrust Authority can distort the optimal behavior of the cartel firms related to production and cartel activities between inspection periods and non-inspection periods. I show how this can destabilize some cartel agreements, but it can also create productive inefficiencies not considered in standard models of collusion, to the extent that it induces cartel firms to devote costly resources to cartel activities.</div></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"81 ","pages":"Article 106244"},"PeriodicalIF":0.9,"publicationDate":"2025-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143180527","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Allocating the common costs of a public service operator: An axiomatic approach 公共服务经营者的公共成本分配:一种公理方法
IF 0.9 3区 社会学
International Review of Law and Economics Pub Date : 2025-03-01 Epub Date: 2025-02-03 DOI: 10.1016/j.irle.2025.106247
David Lowing , Léa Munich , Kevin Techer
{"title":"Allocating the common costs of a public service operator: An axiomatic approach","authors":"David Lowing ,&nbsp;Léa Munich ,&nbsp;Kevin Techer","doi":"10.1016/j.irle.2025.106247","DOIUrl":"10.1016/j.irle.2025.106247","url":null,"abstract":"<div><div>Accurate cost allocation is a challenge for both public service operators and regulatory bodies, given the dual objectives of ensuring essential public service provision and maintaining fair competition. Operators have the obligation to provide essential public services for all individuals, which may incur additional costs. To compensate this, the operators receive state aids, which are determined by an assessment of the net cost associated with these obligations. However, these aids introduce the risk of distorting competition, as operators may employ them to subsidize competitive activities. To avoid this risk, a precise cost allocation method that adequately assess the net cost of these obligations becomes necessary. Such a method must satisfy specific properties that effectively prevent cross-subsidization. In this paper, we propose a method grounded in cooperative game theory that offers a solution for allocating common costs between activities and obligations in public service provision. We adopt a normative approach by introducing a set of desirable axioms that prevent cross-subsidization. We provide two characterizations of our proposed solution on the basis of these axioms. Furthermore, we present an illustration of our method to the allocation of common costs for a public service operator.</div></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"81 ","pages":"Article 106247"},"PeriodicalIF":0.9,"publicationDate":"2025-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143221261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Norms as obligations 作为义务的规范
IF 0.9 3区 社会学
International Review of Law and Economics Pub Date : 2025-03-01 Epub Date: 2024-11-26 DOI: 10.1016/j.irle.2024.106235
Leonard Hoeft , Michael Kurschilgen , Wladislaw Mill
{"title":"Norms as obligations","authors":"Leonard Hoeft ,&nbsp;Michael Kurschilgen ,&nbsp;Wladislaw Mill","doi":"10.1016/j.irle.2024.106235","DOIUrl":"10.1016/j.irle.2024.106235","url":null,"abstract":"<div><div>Economists model legal compliance as the process of maximizing utility while weighing the consequences from norm violation against other (monetary and non-monetary) considerations. Legal philosophers, on the other hand, believe that the normative side of law is central. Citizens comply because they have an obligation to do so. Legal norms provide exclusionary reasons that prevent weighing up on other issues. We test and compare both models in a controlled online experiment. We conduct a modified dictator game with partially unknown yet ascertainable payoffs, and vary between treatments the presence and content of authoritative norms. Our experimental results show that – in the presence of a norm – participants follow norms without searching for information that they deem important in the absence of a norm. This pattern is independent of the specific content of the norm. Our results are consistent with the legal model of norm compliance.</div></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"81 ","pages":"Article 106235"},"PeriodicalIF":0.9,"publicationDate":"2025-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142720569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
ESG disclosure, investor awareness, and carbon risk pricing: Evidence from the Chinese market ESG信息披露、投资者意识和碳风险定价:来自中国市场的证据
IF 0.9 3区 社会学
International Review of Law and Economics Pub Date : 2024-12-01 Epub Date: 2024-07-25 DOI: 10.1016/j.irle.2024.106217
Sirui Han , Haitian Lu , Hao Wu
{"title":"ESG disclosure, investor awareness, and carbon risk pricing: Evidence from the Chinese market","authors":"Sirui Han ,&nbsp;Haitian Lu ,&nbsp;Hao Wu","doi":"10.1016/j.irle.2024.106217","DOIUrl":"10.1016/j.irle.2024.106217","url":null,"abstract":"<div><p>This article examines the relationship between carbon disclosure, equity returns, and investor awareness in the Chinese A-share market. The study uses firm-disclosed and proprietary vendor-estimated carbon emissions data for A-share listed companies and investigates whether the presentation of carbon risks affects the cross-sectional equity returns of Chinese domestically listed firms. The results indicate that main-board listed companies with higher unscaled carbon emissions tend to earn higher equity returns, even after controlling for factors such as size, book-to-market ratio, momentum, and firm characteristics. Moreover, the observed carbon risk premium associated with carbon-emitting companies decreases as investor awareness improves following the launch of policy agendas promoting carbon neutrality in China. These findings support the research hypothesis that investors seek higher returns for equity investments in carbon-emission-intensive companies to compensate for the higher carbon risks associated with such firms. The study also highlights the importance of carbon disclosure, as companies generally disclose their ESG information when they have improved performance in reducing their carbon emissions.</p></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"80 ","pages":"Article 106217"},"PeriodicalIF":0.9,"publicationDate":"2024-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141853770","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The broken-windows theory of crime: A Bayesian approach 破窗犯罪理论:贝叶斯方法
IF 0.9 3区 社会学
International Review of Law and Economics Pub Date : 2024-12-01 Epub Date: 2024-10-28 DOI: 10.1016/j.irle.2024.106233
Thomas J. Miceli, Kathleen Segerson
{"title":"The broken-windows theory of crime: A Bayesian approach","authors":"Thomas J. Miceli,&nbsp;Kathleen Segerson","doi":"10.1016/j.irle.2024.106233","DOIUrl":"10.1016/j.irle.2024.106233","url":null,"abstract":"<div><div>The broken-windows theory of crime is based on the idea that aggressive enforcement of petty crimes, like misdemeanors, will have a deterring effect on would-be perpetrators of more serious crimes. This paper develops a model of this theory that depends on three factors: (1) potential offenders make decisions about committing crimes based on their beliefs about the probability of apprehension; (2) those beliefs depend on prior observations or knowledge about the rate of petty crimes; and (3) there is a linkage across criminal categories (minor vs. serious crimes) as a component of actual enforcement policy. Our results show that even if these factors are all present, increased enforcement of low-harm crimes does not necessarily lead to fewer high-harm crimes.</div></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"80 ","pages":"Article 106233"},"PeriodicalIF":0.9,"publicationDate":"2024-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142554457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Estimating the effect of concealed carry laws on murder: A response to Bondy, et al. 估计隐蔽携带枪支法对谋杀案的影响:对邦迪等人的回应
IF 0.9 3区 社会学
International Review of Law and Economics Pub Date : 2024-12-01 Epub Date: 2024-11-13 DOI: 10.1016/j.irle.2024.106234
Carlisle Moody , John R. Lott
{"title":"Estimating the effect of concealed carry laws on murder: A response to Bondy, et al.","authors":"Carlisle Moody ,&nbsp;John R. Lott","doi":"10.1016/j.irle.2024.106234","DOIUrl":"10.1016/j.irle.2024.106234","url":null,"abstract":"<div><div>In 2021 we wrote a short paper noting that truncating the sample when estimating the effect of right to carry laws on crime could be biased by comparisons to states that already adopted the law, instead of states without the law. In 2023 Bondy et al. criticized our paper but inaccurately described what we did and provided selective and misleading results. More importantly, they completely missed the point of our analysis, namely that applying two-way fixed effects to a truncated sample, say 1991–2018, biases the resulting RTC coefficient by invalidly comparing newly treated states to 11 previously treated states. The bias is so large that even if the true coefficient on the right-to-carry dummy is negative, the estimated coefficient could be positive. These biased results can be corrected by using new DID estimators, that do not make invalid comparisons, and which are robust to time and state heterogeneity. Using these new estimators, we find that RTC laws do not significantly increase violent crime. We find evidence that RTC laws significantly reduce murder and that constitutional carry laws significantly reduce rape.</div></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"80 ","pages":"Article 106234"},"PeriodicalIF":0.9,"publicationDate":"2024-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142653074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Predicting patent lawsuits with machine learning 用机器学习预测专利诉讼
IF 0.9 3区 社会学
International Review of Law and Economics Pub Date : 2024-12-01 Epub Date: 2024-09-02 DOI: 10.1016/j.irle.2024.106228
Steffen Juranek , Håkon Otneim
{"title":"Predicting patent lawsuits with machine learning","authors":"Steffen Juranek ,&nbsp;Håkon Otneim","doi":"10.1016/j.irle.2024.106228","DOIUrl":"10.1016/j.irle.2024.106228","url":null,"abstract":"<div><p>We use machine learning methods to predict which patents end up in court using the population of US patents granted between 2002 and 2005. We show that patent characteristics have significant predictive power, particularly value indicators and patent-owner characteristics. Furthermore, we analyze the predictive performance concerning the number of observations used to train the model, which patent characteristics to use, and which predictive model to choose. We find that extending the set of patent characteristics has the biggest positive impact on predictive performance. The model choice matters as well. More sophisticated machine learning methods provide additional value relative to a simple logistic regression. This result highlights the existence of non-linearities among and interactions across the predictors. Our results provide practical advice to anyone building patent litigation models, e.g., for litigation insurance or patent management more generally.</p></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"80 ","pages":"Article 106228"},"PeriodicalIF":0.9,"publicationDate":"2024-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0144818824000486/pdfft?md5=4ba76bd8d870447814bf120c9c534c7b&pid=1-s2.0-S0144818824000486-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142150878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
On the strategic choice of overconfident lawyers 关于过于自信的律师的战略选择
IF 0.9 3区 社会学
International Review of Law and Economics Pub Date : 2024-12-01 Epub Date: 2024-09-12 DOI: 10.1016/j.irle.2024.106231
Tim Friehe , Cat Lam Pham , Simon Xemaire
{"title":"On the strategic choice of overconfident lawyers","authors":"Tim Friehe ,&nbsp;Cat Lam Pham ,&nbsp;Simon Xemaire","doi":"10.1016/j.irle.2024.106231","DOIUrl":"10.1016/j.irle.2024.106231","url":null,"abstract":"<div><p>This paper analyzes how the plaintiff selects her lawyer based on lawyers’ confidence in their trial-effort productivity. The plaintiff’s lawyer works on a contingent fee and makes litigation decisions on the plaintiff’s behalf. When the lawyer’s preferences are decisive at both the settlement and the trial stage, the plaintiff must anticipate that a more confident lawyer evaluates settlement compared to trial differently and implies different equilibrium trial effort levels. When the lawyer implements the plaintiff’s ideal settlement demand, only the influence of the confidence level on trial effort levels is relevant. In both cases, the plaintiff prefers an <em>overconfident</em> lawyer but would be harmed by <em>excessive</em> overconfidence. In many circumstances, the optimal confidence level maximizes the plaintiff’s trial payoff. However, when the lawyer’s preferences are decisive at both the settlement and trial stage, the plaintiff may choose an even more confident lawyer to raise the settlement level her lawyer demands from the defendant.</p></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"80 ","pages":"Article 106231"},"PeriodicalIF":0.9,"publicationDate":"2024-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S0144818824000516/pdfft?md5=95492fe750bb30a2275d19a70cc39bc7&pid=1-s2.0-S0144818824000516-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142228626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信
小红书