Showing 1 - 10 of 876
The interplay between patents and standards in the information and communication technology (ICT) sector has been intensively debated at international, regional and national levels over the past decades. In essence, the debate is firstly about the extent and impact of patent holdup and holdout...
Persistent link: https://www.econbiz.de/10011636634
This paper assesses the widely held belief that damages for pain and suffering are random or arbitrary. We empirically analyze the differential impact of a plaintiff's personal characteristics, pain-specific circumstances and a lawsuit's procedural features on such payments. Relying on a dataset...
Persistent link: https://www.econbiz.de/10011381800
There is extensive literature on whether courts or legislators produce efficient rules, but which of them produces rules efficiently? The law is subject to uncertainty ex ante; uncertainty makes the outcomes of trials difficult to predict and deters parties from settling disputes out of court. In...
Persistent link: https://www.econbiz.de/10010325161
Article 16 of the EBA Founding Regulation enables the EBA to issue guidelines and recommendations, while Articles 8 (1) (aa) and (ab) and 29 (2) of that Regulation enable it to develop a handbook for supervision and resolution. The European Court of Justice (ECJ or Court, hereinafter), in its...
Persistent link: https://www.econbiz.de/10014565212
In this paper, we focus on determinants of judicial efficiency in China, with efficiency estimates of district courts obtained from data envelopment analysis (DEA). Our dataset comprises 1584 local courts pooled from the year 2014 - 2017. Controlling for local economic development level as well...
Persistent link: https://www.econbiz.de/10012502863
We study a platformâs incentives to delist IP-infringing products and the effects of holding the platform liable for the presence of such products on innovation and consumer welfare. For a given number of buyers, platform liability increases innovation by reducing the competitive pressure faced...
Persistent link: https://www.econbiz.de/10013427770
Frequently deciding legal cases requires an assessment in multiple, conceptually incompatible dimensions. Often one normative concern would call for one decision, and another normative concern for a different decision. The decision-maker must engage in balancing, with no help from overarching...
Persistent link: https://www.econbiz.de/10012428600
Public authorities in many jurisdictions are concerned about the proliferation of illegal content and products on online platforms. In this paper, we provide an economic appraisal of platform liability that highlights the effects of a stricter liability rule on several key variables such as...
Persistent link: https://www.econbiz.de/10012581982
We analyze the pricing of pain and suffering and, in particular, whether the corresponding compensations are affected by a court's approach to value such damages. For this purpose, we use data on pain and suffering verdicts in Austria, where courts are generally free to choose between a per diem...
Persistent link: https://www.econbiz.de/10010293355
This article assesses predictors of payouts and non-economic damages in medical malpractice cases decided by the Spanish Supreme Court from 2006 until 2010. Medical malpractice cases can be judged in administrative or civil courts, and this distinction heavily relies on the type of hospital...
Persistent link: https://www.econbiz.de/10011335362