Regulatory behaviour under threat of court reversal
We investigate how public bureaucrats influence outcomes in regulated markets when they resolve price disputes. It has previously been demonstrated that regulators cause biased outcomes when they have short office terms, i.e. when they have relatively strong career concerns (Leaver, 2009). This paper extends previous studies to the situation when bureaucrats have life tenure and therefore have relatively weaker career concerns. We posit that potential career concerns are negatively related to experience in that experienced regulators develop stronger concerns for consumers. This suggests that the regulator's motivation matter for regulatory decisions but that motivation might change as regulators become more experienced. We also posit that regulators' behaviour is influenced by case complexity, which affects how much effort that have to put in towards a regulatory decision. Our theoretical model predicts that regulators set lower prices when cases are less complex and that those prices are confirmed when appealed to the court. For more complex cases, the court reduces the regulator's price when she is only concerned about her career and the court increases the regulator's price when she cares about both her career and consumer surplus. All these predictions are confirmed empirically when using data on 489 disputes from the Swedish electricity market.
|Date of creation:||17 Oct 2013|
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- Shleifer, Andrei, 2012. "The Failure of Judges and the Rise of Regulators," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262016958.
- Magnus Söderberg, 2008.
"Uncertainty and regulatory outcome in the Swedish electricity distribution sector,"
- Magnus Söderberg, 2008. "Uncertainty and regulatory outcome in the Swedish electricity distribution sector," European Journal of Law and Economics, Springer, vol. 25(1), pages 79-94, February.
- Canice Prendergast, 2003. "The Limits of Bureaucratic Efficiency," Journal of Political Economy, University of Chicago Press, vol. 111(5), pages 929-958, October.
- Russell Smyth & Magnus Söderberg, 2010.
"Public interest versus regulatory capture in the Swedish electricity market,"
Journal of Regulatory Economics,
Springer, vol. 38(3), pages 292-312, December.
- Russell Smyth & Magnus Söderberg, 2010. "Public interest versus regulatory capture in the Swedish electricity market," Post-Print hal-00841950, HAL.
- Steven Shavell, 2006. "The Appeals Process and Adjudicator Incentives," The Journal of Legal Studies, University of Chicago Press, vol. 35(1), pages 1-29, 01.
- Flavio Menezes & Christian Roessler, 2008.
"Good and Bad Consistency in Regulatory Decisions,"
Discussion Papers Series
376, School of Economics, University of Queensland, Australia.
- Gennaioli, Nicola & Shleifer, Andrei, 2008.
"Judicial Fact Discretion,"
3451304, Harvard University Department of Economics.
- Eckert, Ross D, 1981. "The Life Cycle of Regulatory Commissioners," Journal of Law and Economics, University of Chicago Press, vol. 24(1), pages 113-120, April.
- Hilton, George W, 1972. "The Basic Behavior of Regulatory Commissions," American Economic Review, American Economic Association, vol. 62(2), pages 47-54, May.
- Fon, Vincy & Parisi, Francesco, 2006. "Judicial precedents in civil law systems: A dynamic analysis," International Review of Law and Economics, Elsevier, vol. 26(4), pages 519-535, December.
- Clare Leaver, 2009. "Bureaucratic Minimal Squawk Behavior: Theory and Evidence from Regulatory Agencies," American Economic Review, American Economic Association, vol. 99(3), pages 572-607, June.
- Shavell, Steven, 1995. "The Appeals Process as a Means of Error Correction," The Journal of Legal Studies, University of Chicago Press, vol. 24(2), pages 379-426, June.
- Edward L. Glaeser & Andrei Shleifer, 2001.
"The Rise of the Regulatory State,"
Harvard Institute of Economic Research Working Papers
1934, Harvard - Institute of Economic Research.
- Janice A. Hauge & Mark A. Jamison & James E. Prieger, 2012. "Oust the Louse: Does Political Pressure Discipline Regulators?," Journal of Industrial Economics, Wiley Blackwell, vol. 60(2), pages 299-332, 06.
- Christopher R. Knittel, 2003. "Market Structure and the Pricing of Electricity and Natural Gas," Journal of Industrial Economics, Wiley Blackwell, vol. 51(2), pages 167-191, 06.
- Valentini, Edilio, 2006. "Uncovering regulator's (implicit) social welfare weights under price cap regulation," Economics Letters, Elsevier, vol. 90(1), pages 1-5, January.
- Camerer, Colin & Weigelt, Keith, 1988. "Experimental Tests of a Sequential Equilibrium Reputation Model," Econometrica, Econometric Society, vol. 56(1), pages 1-36, January.
- Steven Shavell, 2004. "The Appeals Process and Adjudicator Incentives," NBER Working Papers 10754, National Bureau of Economic Research, Inc.
- George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
- Lucas W. Davis & Erich Muehlegger, 2010.
"Do Americans consume too little natural gas? An empirical test of marginal cost pricing,"
RAND Journal of Economics,
RAND Corporation, vol. 41(4), pages 791-810.
- Lucas W. Davis & Erich Muehlegger, 2010. "Do Americans Consume Too Little Natural Gas? An Empirical Test of Marginal Cost Pricing," NBER Working Papers 15885, National Bureau of Economic Research, Inc.
- Robert Breunig & Jeremy Hornby & Scott Stacey & Flavio Menezes, 2006. "Price Regulation in Australia: How Consistent Has It Been?," The Economic Record, The Economic Society of Australia, vol. 82(256), pages 67-76, 03.
- Robert Breunig & Flavio M. Menezes, 2008.
"Testing Regulatory Consistency,"
Discussion Papers Series
380, School of Economics, University of Queensland, Australia.
- Canice Prendergast, 2007. "The Motivation and Bias of Bureaucrats," American Economic Review, American Economic Association, vol. 97(1), pages 180-196, March.
- Jean-Jacques Laffont & Jean Tirole, 1993. "A Theory of Incentives in Procurement and Regulation," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262121743.
- Daughety, Andrew F & Reinganum, Jennifer F, 1999. "Stampede to Judgment: Persuasive Influence and Herding Behavior by Courts," American Law and Economics Review, Oxford University Press, vol. 1(1-2), pages 158-189, Fall.
- George J. Stigler, 1971. "The Theory of Economic Regulation," Bell Journal of Economics, The RAND Corporation, vol. 2(1), pages 3-21, Spring.
- Rui J. P. de Figueiredo & Geoff Edwards, 2007. "Does Private Money Buy Public Policy? Campaign Contributions and Regulatory Outcomes in Telecommunications," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 16(3), pages 547-576, 09.
- Ludivine Garside & Paul A. Grout & Anna Zalewska, 2013. "Does Experience Make You ‘Tougher’? Evidence From Competition Law," Economic Journal, Royal Economic Society, vol. 0, pages 474-490, 05.
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