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Regulatory decision errors, Legal Uncertainty and welfare: A general treatment

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  • Katsoulacos, Yannis
  • Ulph, David

Abstract

We provide a general treatment of the implications for welfare of various sources of legal uncertainty facing agents about the decisions made by a regulatory authority. We distinguish the legal uncertainty from the decision errors made by the authority. While an increase in decision errors will always reduce welfare, for any given level of decision errors, information structures involving more legal uncertainty can improve welfare. This holds always when sanctions are set at their optimal level. This transforms radically one's perception about the “costs” of legal uncertainty. We also provide general proofs for two results, previously established under restrictive assumptions.

Suggested Citation

  • Katsoulacos, Yannis & Ulph, David, 2017. "Regulatory decision errors, Legal Uncertainty and welfare: A general treatment," International Journal of Industrial Organization, Elsevier, vol. 53(C), pages 326-352.
    • Handle: RePEc:eee:indorg:v:53:y:2017:i:c:p:326-352
    DOI: 10.1016/j.ijindorg.2016.04.013
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    1. Grassi, Simona & Ma, Ching-to Albert, 2011. "Optimal public rationing and price response," Journal of Health Economics, Elsevier, vol. 30(6), pages 1197-1206.
    2. Schinkel, Maarten Pieter & Tuinstra, Jan, 2006. "Imperfect competition law enforcement," International Journal of Industrial Organization, Elsevier, vol. 24(6), pages 1267-1297, November.
    3. Li, Xiaoming, 2010. "Optimal inventory policies in decentralized supply chains," International Journal of Production Economics, Elsevier, vol. 128(1), pages 303-309, November.
    4. , & , & ,, 2012. "Optimal deadlines for agreements," Theoretical Economics, Econometric Society, vol. 7(2), May.
    5. Kaplow, Louis, 1990. "Optimal Deterrence, Uninformed Individuals, and Acquiring Information about Whether Acts Are Subject to Sanctions," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(1), pages 93-128, Spring.
    6. Kaplow, Louis, 1995. "A Model of the Optimal Complexity of Legal Rules," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 11(1), pages 150-163, April.
    7. Yannis Katsoulacos & David Ulph, 2013. "Antitrust Penalties and the Implications of Empirical Evidence on Cartel Overcharges," Economic Journal, Royal Economic Society, vol. 123(11), pages 558-581, November.
    8. Philippe Choné & Ching-To Albert Ma, 2011. "Optimal Health Care Contract under Physician Agency," Annals of Economics and Statistics, GENES, issue 101-102, pages 229-256.
    9. Dionne, Georges & Li, Jingyuan, 2011. "The impact of prudence on optimal prevention revisited," Economics Letters, Elsevier, vol. 113(2), pages 147-149.
    10. Li, Peng & Lim, Andrew E.B. & Shanthikumar, J. George, 2010. "Optimal risk transfer for agents with germs," Insurance: Mathematics and Economics, Elsevier, vol. 47(1), pages 1-12, August.
    11. Kaplow, Louis & Shavell, Steven, 1992. "Private versus Socially Optimal Provision of Ex Ante Legal Advice," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 8(2), pages 306-320, April.
    12. Craswell, Richard & Calfee, John E, 1986. "Deterrence and Uncertain Legal Standards," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 2(2), pages 279-303, Fall.
    13. Roland Strausz, 2011. "Regulatory Risk Under Optimal Monopoly Regulation," Economic Journal, Royal Economic Society, vol. 121(553), pages 740-762, June.
    14. Yannis Katsoulacos & David Ulph, 2009. "On Optimal Legal Standards For Competition Policy: A General Welfare‐Based Analysis," Journal of Industrial Economics, Wiley Blackwell, vol. 57(3), pages 410-437, September.
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    Cited by:

    1. Axel Gautier & Nicolas Petit, 2018. "Optimal enforcement of competition policy: the commitments procedure under uncertainty," European Journal of Law and Economics, Springer, vol. 45(2), pages 195-224, April.
    2. Fiocco, Raffaele & Guo, Dongyu, 2020. "Regulatory risk, vertical integration, and upstream investment," European Economic Review, Elsevier, vol. 128(C).
    3. Avdasheva, Svetlana & Golovanova, Svetlana & Katsoulacos, Yannis, 2019. "The role of judicial review in developing evidentiary standards: The example of market analysis in Russian competition law enforcement," International Review of Law and Economics, Elsevier, vol. 58(C), pages 101-114.
    4. Yannis Katsoulacos, 2019. "On the choice of legal standards: a positive theory for comparative analysis," European Journal of Law and Economics, Springer, vol. 48(2), pages 125-165, October.
    5. Yannis Katsoulacos & Svetlana Avdasheva & Svetlana Golovanova, 2021. "Determinants of the (Slow) Development of Effect-Based Competition Enforcement: Testing the Impact of Judicial Review on the Choice of Legal Standards by Competition Authorities," Journal of Industry, Competition and Trade, Springer, vol. 21(1), pages 103-122, March.
    6. Kusi-Sarpong, Simonov & Orji, Ifeyinwa Juliet & Gupta, Himanshu & Kunc, Martin, 2021. "Risks associated with the implementation of big data analytics in sustainable supply chains," Omega, Elsevier, vol. 105(C).

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    More about this item

    Keywords

    Optimal law enforcement; Optimal penalties; Legal uncertainty; Decision errors;
    All these keywords.

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
    • L4 - Industrial Organization - - Antitrust Issues and Policies
    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

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