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Persistent link: https://www.econbiz.de/10003498654
The European Court of Justice (ECJ) is a very powerful court compared to other international courts and even national courts of last resort. Observers almost unanimously agree that it is the preliminary references procedure that made the ECJ the powerful court it is today. In this paper, we...
Persistent link: https://www.econbiz.de/10009514765
incentives to implement such a trigger? We construct a theoretical model of a bank that is financed with debt and equity, and a …. However, we show that the board may implement a contract with insufficient incentives to communicate a warning, as refinancing …
Persistent link: https://www.econbiz.de/10010467356
This paper studies how litigation and settlement behavior is affected by agents motivated by spiteful preferences under the American and the English fee-shifting rule. We conduct an experiment and find that litigation expenditures and settlement requests are higher for more spiteful...
Persistent link: https://www.econbiz.de/10013555697
This paper explores the prisoner's dilemma that may result when workers and firms are involved in labour disputes and must decide whether to hire a lawyer to be represented at trial. Using a representative data set of labour disputes in the UK and a large population of French unfair dismissal...
Persistent link: https://www.econbiz.de/10003975529
A lack of platform-level competition among digital marketplaces can result in socially inefficient platform design and meaningful welfare losses, even independent of actively anticompetitive behavior. To illustrate the first-order effects platform design can have on competitive outcomes, I...
Persistent link: https://www.econbiz.de/10012534177
reinforce or weaken a plaintiff's incentives to bring a suit. In addition, we consider how emotions impact on justice …
Persistent link: https://www.econbiz.de/10009010054
incentives to form a patent pool or engage in cross-licensing arrangements in the presence of uncertainty as to the validity and … coverage of patents that makes disputes inevitable. I analyze private incentives to litigate and compare them with the social … incentives. Antitrust implications of patent pools are considered. The effects of patent pools on third party incentives to …
Persistent link: https://www.econbiz.de/10011401377
This paper analyzes patent pools and their effects on innovation incentives. It is shown that the pro …-competitive effects of patent pools for complementary patents naturally extend for dynamic innovation incentives. However, this simple … patents reduce social welfare as they charge higher licensing fees and chill subsequent innovation incentives. …
Persistent link: https://www.econbiz.de/10010199442
We construct game theoretic foundations for bargaining in the shadow of a trial. Plaintiff and defendant both have noisy signals of a common-value trial judgment and make simultaneous offers to settle. If the offers cross, they settle on the average offer; otherwise, both litigants incur an...
Persistent link: https://www.econbiz.de/10011509331