Enforcement costs, optimal sanctions, and the choice between ex-post liability and ex-ante regulation

R Innes - International review of Law and Economics, 2004 - Elsevier
This paper studies an integrated government choice of enforcement, liability design, and
regulatory policy in a model of unilateral accidents, the risk of which can be reduced when …

The benefits of extended liability

Y Hiriart, D Martimort - The RAND Journal of Economics, 2006 - Wiley Online Library
We characterize the optimal regulation of a firm that undertakes an environmentally risky
activity. This firm (the agent) is protected by limited liability and bound by contract to a …

The public management of risk: Separating ex ante and ex post monitors

Y Hiriart, D Martimort, J Pouyet - Journal of Public Economics, 2010 - Elsevier
When a firm undertakes risky activities, the conflict between social and private incentives to
implement safety care requires public intervention which can take the form of both monetary …

Environmental liability

M Faure - Encyclopedia of Law and Economics, 2009 - elgaronline.com
This chapter of the Encyclopedia on tort law and economics will deal with the hot issue of
environmental liability. Economic analysis of law has long been applied to environmental …

Modelling the choice between regulation and liability in terms of social welfare

M Boyer, D Porrini - … Journal of Economics/Revue canadienne d …, 2004 - Wiley Online Library
Using a formal political economy model with asymmetric information, we illustrate the
conditions under which an environmental protection system based on extending liability to …

The efficient liability sharing factor for environmental disasters: Lessons for optimal insurance regulation

M Boyer, D Porrini - The Geneva Papers on Risk and Insurance-Issues …, 2008 - Springer
Using a structural model of the interactions between governments, firms and insurance
companies, we characterize the distortions in environmental liability sharing between firms …

The choice of instruments for environmental policy: Liability or regulation?

M Boyer, D Porrini - An introduction to the law and economics of …, 2002 - emerald.com
We address in this paper the problem of comparing and choosing among different policy
instruments to implement the incentive objective of an efficient deterrence of environmental …

Regulating'Gatekeepers': Predictable'Unitended Consequences' of the DMA for Users' Welfare

P Bentata - Available at SSRN 3804067, 2021 - papers.ssrn.com
Abstract In the December 2020, the European Commission has presented its proposal for a
Digital Market Act (DMA) aiming at promoting competition and preventing unfair practices on …

The impact of court errors on liability sharing and safety regulation for environmental/industrial accidents

M Boyer, D Porrini - International review of law and economics, 2011 - Elsevier
We focus in this paper on the effects of court errors on the optimal sharing of liability
between firms and financiers, as an environmental policy instrument. Using a structural …

Environmental regulation and civil liability under causal uncertainty: An empirical study of the French legal system

P Bentata - Review of Law & Economics, 2013 - degruyter.com
The key question in this article is to determine whether regulation and regulator information
can help to solve causal uncertainty problems in liability. A widely held view among Law and …