Although both in US antitrust and European competition law there is a clear evolution to a much broader application of rule of reason (instead of per-se rules), there is also an increasing awareness of the problems of a case-by-case approach. The error costs approach (minimizing the sum of...

Obwohl es dem Konzept des Soft Paternalismus gelang, die Aufmerksamkeit auf die Bedeutung verhaltensökonomischer Erkenntnisse und die verhaltensbeeinflussende Wirkung von 'weichen' Politikinstrumenten wie Default rules zu lenken, wird gezeigt, dass der Soft Paternalismus nur einen sehr...

Fines imposed on firms for corporate infringements such as cartels reduce these infringement's profitability. When a manager knows when a violation is unprofitable he can prevent violations committed by an uninformed employee by investing in compliance programs (CPs). Investments can be...

This paper presents a moral hazard model analyzing the agent's incentive to commit corporate crime. The principal can only observe profits which the agent can increase by committing crime or exerting effort. It is shown how different incentive contracts, i.e., thresholdlinear, capped bonus and...

The "UsedSoft" decision of the Court of Justice of the European Union (CJEU) about the right of a buyer of a downloaded copy of a software to resell this copy triggered a controversial discussion about the applicability of the "exhaustion" rule (US: first-sale doctrine) to copyright-protected...

This paper studies the factors driving changes in judicial independence (JI) as incorporated in constitutions. Two indicators of constitutionally safeguarded JI are constructed. Variations in these indicators are identified based on changes in the constitutions of as many as 100 countries that...

Analysis of the economic effects of constitutional rules has made substantial progress over the last decade. This survey provides an overview of this rapidly growing research area and also discusses a number of methodological issues and identifies underresearched areas. It argues that the next...

According to expressive law theories, expression of values is an important function played by the law. Expressive laws affect behavior, not by threatening sanctions or promising rewards, but by changing individual preferences and tastes and, in some cases, by affecting social norms and values....

We study changes in the form of government as an example of endogenously determined constitutions. For a sample of 202 countries over the period 1950-2006, we find that most changes are relatively small and roughly equally likely to be either in the direction of more parliamentarian or more...

A country's form of government has important economic and political consequences, but the determinants that lead societies to choose either parliamentary or presidential systems are largely unexplored. This paper studies this choice by analyzing the factors that make countries switch from...