A Model of Welfare-Reducing Settlement
AbstractWhile it is typically taken for granted that settlement of lawsuits increases social welfare, this paper shows that settlement can lower welfare. If the defendant has private information about the harm from his action both at the time of the action and the time of settlement bargaining, then defendants who cause different levels of harm can pay the same settlement amount in a partial pooling equilibrium. Settlement acts as a damage cap, preventing the defendant's liability from increasing with the harm over the full range of possible harms, leading to under-deterrence. This result holds even though the social planner can choose the socially optimal damage rule.
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Bibliographic InfoArticle provided by De Gruyter in its journal The B.E. Journal of Economic Analysis & Policy.
Volume (Year): 3 (2004)
Issue (Month): 1 (May)
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Web page: http://www.degruyter.com
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- Bourjade, Sylvain & Rey, Patrick & Seabright, Paul, 2009.
"Private Antitrust Enforcement in the Presence of Pre-Trial Bargaining,"
TSE Working Papers
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- Bourjade, Sylvain & Rey, Patrick & Seabright, Paul, 2009. "Private Antitrust Enforcement in the Presence of Pre-Trial Bargaining," IDEI Working Papers 499, Institut d'Économie Industrielle (IDEI), Toulouse.
- Bourjade, Sylvain & Rey, Patrick & seabright, paul, 2009. "Private antitrust enforcement in the presence of pre-trial bargaining," MPRA Paper 34840, University Library of Munich, Germany.
- Schwartz, Warren F. & Wickelgren, Abraham L., 2011. "Optimal antitrust enforcement: Competitor suits, entry, and post-entry competition," Journal of Public Economics, Elsevier, vol. 95(7), pages 967-972.
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