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A Damage-Revelation Rationale for Coupon Remedies

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Author Info
A. Mitchell Polinsky
Daniel L. Rubinfeld

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Abstract

This article studies optimal remedies in a setting in which damages vary among plaintiffs and are difficult to determine. We show that giving plaintiffs a choice between cash and coupons to purchase units of the defendant's product at a discount -- a "coupon-cash remedy" -- is superior to cash alone. The optimal coupon-cash remedy offers a cash amount that is less than the value of the coupons to plaintiffs who suffer relatively high harm. Such a remedy induces these plaintiffs to choose coupons, and plaintiffs who suffer relatively low harm to choose cash. Sorting plaintiffs in this way leads to better deterrence because the costs borne by defendants (the cash payments and the cost of providing coupons) more closely approximate the harms that they have caused.

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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 11227.

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Date of creation: Mar 2005
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Handle: RePEc:nbr:nberwo:11227

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Find related papers by JEL classification:
D18 - Microeconomics - - Household Behavior - - - Consumer Protection
D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information
D83 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Search, Learning, and Information
H23 - Public Economics - - Taxation, Subsidies, and Revenue - - - Externalities; Redistributive Effects; Environmental Taxes and Subsidies
K19 - Law and Economics - - Basic Areas of Law - - - Other

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  1. Louis Kaplow & Steven Shavell, 1996. "Accuracy in the Assessment of Damages," NBER Working Papers 4287, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  2. Borenstein, Severin, 1996. "Settling for Coupons: Discount Contracts as Compensation and Punishment in Antitrust Lawsuits," Journal of Law & Economics, University of Chicago Press, vol. 39(2), pages 379-404, October.
    Other versions:
  3. A. Mitchell Polinsky & Daniel L. Rubinfeld, 2003. "Remedies for Price Overcharges: The Deadweight Loss of Coupons and Discounts," NBER Working Papers 10162, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  4. Spier, Kathryn E, 1994. "Settlement Bargaining and the Design of Damage Awards," Journal of Law, Economics and Organization, Oxford University Press, vol. 10(1), pages 84-95, April.
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