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Competition, Product Safety, and Product Liability

Author

Listed:
  • Yongmin Chen
  • Xinyu Hua

Abstract

A firm’s incentive to invest in product safety is affected by both market environment and product liability. We investigate the relationship between competition and product liability in a spatial model of oligopoly, where reputation provides a market incentive for safety investment and higher liability may distort consumers’ incentive for product care. We find that partial liability, together with reputation concerns, can motivate firms to make safety investment. Increased competition due to less product differentiation diminishes a firm’s gain from maintaining reputation and raises the socially desired product liability. On the other hand, an increase in the number of competitors reduces the benefit from maintaining reputation, but has a non-monotonic effect on the potential gain from cutting back safety investment; consequently, the optimal liability may vary non-monotonically with the number of competitors. In general, therefore, the relationship between competition and product liability is subtle, depending on how competition is measured. (JEL L13, L15, K13)

Suggested Citation

  • Yongmin Chen & Xinyu Hua, 2017. "Competition, Product Safety, and Product Liability," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 33(2), pages 237-267.
  • Handle: RePEc:oup:jleorg:v:33:y:2017:i:2:p:237-267.
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    File URL: http://hdl.handle.net/10.1093/jleo/ewx004
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    Cited by:

    1. Tim Friehe & Christoph Rössler & Elisabeth Schulte, 2023. "Probing the case for manufacturer liability for harms caused by judgment-proof consumers to others," European Journal of Law and Economics, Springer, vol. 56(3), pages 443-460, December.
    2. Chen, Yongmin, 2020. "Improving market performance in the digital economy," China Economic Review, Elsevier, vol. 62(C).
    3. Begoña Casino & Lluís M. Granero, 2021. "Green products, market structure, and welfare," Journal of Economics, Springer, vol. 134(2), pages 103-125, October.
    4. Cosnita-Langlais, Andreea & Langlais, Eric, 2024. "Environmental liability and product differentiation: Strict liability versus negligence revisited," International Review of Law and Economics, Elsevier, vol. 79(C).
    5. Andreea Cosnita-Langlais & Eric Langlais, 2024. "Cournot Competition on the Hotelling Line Yields at Most Three Varieties," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 65(3), pages 669-704, November.
    6. De Chiara, Alessandro & Elizalde, Idoia & Manna, Ester & Segura-Moreiras, Adrian, 2021. "Car accidents in the age of robots," International Review of Law and Economics, Elsevier, vol. 68(C).
    7. Ping Lin & Tianle Zhang, 2023. "Correction to: Product liability, multidimensional R&D and innovation," Journal of Economics, Springer, vol. 138(2), pages 189-189, March.
    8. Cosnita-Langlais, Andreea & Friehe, Tim & Langlais, Eric, 2025. "Product liability influences incentives for horizontal mergers," International Review of Law and Economics, Elsevier, vol. 84(C).
    9. Charreire, Maxime & Langlais, Eric, 2021. "Should environment be a concern for competition policy when firms face environmental liability?," International Review of Law and Economics, Elsevier, vol. 67(C).
    10. Tim Friehe & Christoph Rößler & Xiaoge Dong, 2020. "Liability for Third-Party Harm When Harm-Inflicting Consumers Are Present Biased," American Law and Economics Review, American Law and Economics Association, vol. 22(1), pages 75-104.
    11. Tim Friehe & Cat Lam Pham & Thomas J. Miceli, 2022. "Product Liability and Strategic Delegation: Endogenous Manager Incentives Promote Strict Liability," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 61(2), pages 149-169, September.
    12. Eric Langlais & Andreea Cosnita-Langlais, 2022. "Endogenous market structures, product liability, and the scope of product differentiation," Working Papers hal-04159801, HAL.
    13. Eric Langlais & Andreea Cosnita-Langlais, 2022. "Incentives to differentiate under environmental liability laws : Product customization and precautionary effort," Working Papers hal-04159799, HAL.
    14. Yucheng Xin & Tijun Fan & Yang Song & Wenyue Zheng, 2024. "The impact of live streaming on competitive e-commerce," Electronic Commerce Research, Springer, vol. 24(2), pages 1215-1234, June.
    15. Florian Baumann & Alexander Rasch, 2024. "Product Liability and Reasonable Product Use," The Journal of Legal Studies, University of Chicago Press, vol. 53(2), pages 297-338.
    16. Florian Baumann & Tim Friehe & Alexander Rasch, 2018. "Product Liability in Markets for Vertically Differentiated Products," American Law and Economics Review, American Law and Economics Association, vol. 20(1), pages 46-81.
    17. Tim Friehe & Eric Langlais & Elisabeth Schulte, 2022. "Firm Liability When Third Parties and Consumers Incur Cumulative Harm," Environmental & Resource Economics, Springer;European Association of Environmental and Resource Economists, vol. 81(1), pages 53-71, January.

    More about this item

    JEL classification:

    • L13 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Oligopoly and Other Imperfect Markets
    • L15 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Information and Product Quality
    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics

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