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Law and Economics of Regulation

  • Conference proceedings
  • © 2021

Overview

Editors:
  1. Klaus Mathis

    1. Faculty of Law, University of Lucerne, Lucerne, Switzerland

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  2. Avishalom Tor

    1. School of Law, University of Notre Dame, Notre Dame, USA

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  • Gives state-of-the-art insights to the new developments of Law and Economics of Regulation?
  • Analyses regulations from a neoclassical economics and behavioural economics perspective
  • Provides a practical one-volume book for readers who wish to gain in-depth knowledge on the economic analysis of recent developments in law and policy in Europe and the United States of America

Part of the book series: Economic Analysis of Law in European Legal Scholarship (EALELS, volume 11)

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Table of contents (14 papers)

  1. Front Matter

    Pages i-xvi
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  2. Law and Economics of Regulation Theory

    1. Front Matter

      Pages 1-1
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    2. Public Services as a Strategy of Regulation

      • Régis Lanneau
      Pages 3-24

    3. Sectoral Self-Regulation as Viable Tool

      • Rolf H. Weber
      Pages 25-36

    4. Ethical Blind Spots & Regulatory Traps: On Distorted Regulatory Incentives, Behavioral Ethics & Legal Design

      • Yuval Feldman, Yotam Kaplan
      Pages 37-54

    5. Law and Economics in Russian Law

      • Mikhail Antonov
      Pages 55-69

  3. Specific Applications of Law and Economics of Regulation

    1. Front Matter

      Pages 71-71
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    2. Key Lessons for the Design of Consumer Protection Legislation

      • Shmuel I. Becher
      Pages 73-99

    3. Regulation of Information About Unfolding Events in Securities Markets: A Behavioral Economics Perspective

      • Ido Baum, Jaroslaw Beldowski, Dov Solomon
      Pages 101-128

    4. Data Flows versus Data Protection: Mapping Existing Reconciliation Models in Global Trade Law

      • Mira Burri
      Pages 129-158

    5. The Concept of Regulatory Arbitrage

      • Thomas Coendet
      Pages 159-181

    6. (Un)intended Consequences of Macroprudential Regulation

      • Moran Ofir, Yevgeny Mugerman
      Pages 183-202

    7. Precautionary Antitrust: A Precautionary Tale in European Competition Policy

      • Aurelien Portuese
      Pages 203-232

    8. Regulation and Deregulation of Financial Markets from the Perspective of Law and Economics

      • Mariusz J. Golecki
      Pages 233-256

    9. Privatizing Income Security for Disabled Workers: Unintended Consequences and Labour Market Imbalances

      • Ann-Sophie Vandenberghe
      Pages 257-271

    10. Regulating Innovation

      • Markus Schreiber
      Pages 273-305

    11. Matching Commitments: A New Approach to Regulation of the Commons

      • James W. Coleman
      Pages 307-315

  4. Back Matter

    Pages 317-320
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Keywords

About this book

This book explores current issues regarding the regulation of various economic sectors, theoretically and empirically, discussing both neoclassical and behavioural economics approaches to regulation. Regulation has become one of the main determinants of modern economies, and virtually every sector is subject to general laws and regulations as well as specific rules and standards. A traditional argument to justify regulatory interventions is the promotion of public interests. Fixing markets that lack competition, balancing information asymmetries, internalising externalities, mitigating systemic risks, and protecting consumers from irrational behaviour are frequently invoked to complement the invisible hand of the market with the visible hand of the state.
However, regulations can lead to unintended consequences, and serve the interests of powerful private interest groups rather than the public interest and social welfare. In addition, new insights from behavioural economics question the traditional regulatory approaches, most prominently in attitudes towards consumers. Furthermore, digitalisation and technological innovation in general present new challenges in terms of both the type of regulation and the regulatory process.
Part I of this book discusses various theoretical approaches to the economic analysis of regulations, while Part II looks at specific applications of the law and economics of regulation.


Editors and Affiliations

  • Faculty of Law, University of Lucerne, Lucerne, Switzerland

    Klaus Mathis

  • School of Law, University of Notre Dame, Notre Dame, USA

    Avishalom Tor

About the editors

Klaus Mathis is full professor of Public Law, Law of the Sustainable Economy, and Philosophy of Law at the University of Lucerne. He is the co-founder of the Center for Law and Sustainability (CLS) and Director for the Institute for Research in the Fundaments of Law – lucernaiuris. His particular fields of expertise are Swiss Constitutional Law, Law and Economics, Law of Sustainable Development, and Philosophy of Law.

Avishalom Tor is Professor of Law and Director of the Notre Dame Research Program on Law and Market Behavior (ND LAMB). His particular fields of expertise are Behavioural and Experimental law and Economics, Antitrust Law, and Behavioural Decision Research.

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