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This paper analyses collusion by innovative firms and the role of patents in a continuous-time real options framework. A patent-investment race model is formulated in which innovative firms bargain and reach collusive agreements. It is shown that, while collusion always delays innovation, it...
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Much of the law and economics literature, including Bebchuk (1984) and Reinganum and Wilde (1986), explains settlement … failure in bargaining as a consequence of asymmetric information. An alternative, non-strategic explanation found in Shavell … (1982) suggests that settlement failure stems from excessive optimism. Final offer arbitration (FOA) in major league …
Persistent link: https://www.econbiz.de/10014037534
-it-or-leave-it settlement offers, we can show that they will actually be exploited by one of their fellow plaintiffs rather than by the … settlement even having complete information. This may explain why we observe derivative suits in the US but not in Europe. …
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Many economic, political and social environments can be described as contests in which agents exert costly efforts while competing over the distribution of a scarce resource. These environments have been studied using Tullock contests, all-pay auctions and rankorder tournaments. This survey...
Persistent link: https://www.econbiz.de/10009687977
This article explains the roots of financial crises in one of the oldest and most fundamental problems of commercial law: hidden leverage. Common law courts wrestled with this problem for centuries and developed a time - tested solution: the doctrine of secret liens. If the debtor becomes...
Persistent link: https://www.econbiz.de/10012765487
Public interest lawsuits are ubiquitous and crucial to enforcing constitutional and statutory rights. A feature of such litigation is that plaintiffs' attorneys may not get paid unless they prevail. Courts responded to this by enhancing statutory attorneys fee awards with a multiplier reflecting...
Persistent link: https://www.econbiz.de/10012744229
From a financial economic perspective, the governing condition of a meritorious civil action is the uncertainty of outcome. Expectation and outcome deviate, and the spread is the measure of uncertainty (or variance). During litigation each party has an option to settle or select trial. The...
Persistent link: https://www.econbiz.de/10012750556