Browsing Working Papers (LEFIC) by Year Published
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Keuschnigg, Christian; Nielsen, Søren Bo (København, 2003)[More information][Less information]
Abstract: In this paper we set up a model of start-up finance under double moral hazard. Entrepreneurs lack own resources and business experience to develop their ideas. Venture capitalists can provide start-up finance and commercial support. The effort put forth by either agent contributes to the firm’s success, but is not verifiable. As a result, the market equilibrium is biased towards inefficiently low venture capital support. The capital gains tax becomes especially harmful, as it further impairs advice and causes a first-order welfare loss. Once the capital gains tax is in place, limitations on loss off-set may paradoxically contribute to higher quality of venture capital finance and welfare. Subsidies to physical investment in VC-backed startups are detrimental in our framework. Keywords: Venture capital, capital gains taxation, double moral hazard. JEL-Classification: D82, G24, H24, H25 URI: http://hdl.handle.net/10398/6821 Files in this item: 1
wplefic032003.pdf (694.8Kb) -
Lando, Henrik; Rose, Caspar (København, 2003)[More information][Less information]
Abstract: Abstract: Proponents of specific performance as a remedy for breach of contract have found support in the alleged use of the remedy in Civil Law countries. However, we provide evidence that specific performance is in fact a rare remedy in Denmark, Germany and France, and under CISG, when performance requires actions to be undertaken, and we relate this to costs of enforcement. We argue that it is administratively costly to run a system of enforcement that renders specific performance attractive to the aggrieved party, and that the Civil Law countries have (like Common Law countries) chosen not to incur these costs of enforcement. This is especially clear in the case of Denmark, where specific performance of actions has been abandoned as a legal remedy. At the normative level, we argue that enforcement costs provides an additional rationale, over and above the rationales of the theory of efficient breach, for damages and against specific performance as the general remedy. URI: http://hdl.handle.net/10398/6823 Files in this item: 1
wplefic142003new2.pdf (270.4Kb) -
Franke, Guenter; Peterson, Sandra; Stapleton, Richard C. (København, 2003)[More information][Less information]
Abstract: Investors choosing a portfolio strategy, in order to secure a pension at a future date for example, are faced with many uncertainties. One major uncertainty is the amount by which their pension fund will be supplemented by personal savings from a variety of sources such as life insurance contracts, bequests, or property sales. Over long periods of time these uncertainties are likely to be large and difficult to hedge, and hence may have a significant effect on the dynamic portfolio strategy. Drawing on the results of previous literature on the reaction of investors to non-unhedgeable background risk, and on the theory of stochastic dynamic programming, this article derives optimal strategies for investors maximising the expected utility of terminal wealth, where this wealth consists of the value of a pension fund plus accumulated personal savings. Numerical results, assuming that the market portfolio and the expectation of personal savings follow (possibly) correlated geometric Brownian motions, are derived to illustrate the effects of the size and uncertainty of the personal savings, as well as the effect of the resolution of the uncertainty in them over time. The computation uses a new technique for implementing the stochastic dynamic programming. This involves a binomial approximation, in two dimensions, which ensures that the computations are feasible for relatively long-term problems. URI: http://hdl.handle.net/10398/6795 Files in this item: 1
wplefic192003.pdf (540.9Kb) -
Møllgaard, Peter (København, 2003)[More information][Less information]
Abstract: Abstract: Price correlations are used to delineate the geographic market in two recent Danish electricity cases. They indicate that power generators hold temporally transitory and irregularly intermittent dominant positions. Calculation of the Lerner index reveals that they abused this position. The Danish Competition Authority decided to settle this case by agreement for reasons explained. We finally indicate how economics may be used pro-actively to achieve a better market design. URI: http://hdl.handle.net/10398/6801 Files in this item: 1
wplefic022003.pdf (404.6Kb) -
Lando, Henrik (København, 2003)[More information][Less information]
Abstract: The standard of proof in criminal law a®ects retributive justice through the number of wrong convictions and wrong acquittals. It also a®ects the level of crime, since a higher standard of proof implies less deterrence and less incapacitation. This article derives an expression for the optimal standard from a trade-o® between these e®ects, and applies the expression to the crime of sexual violation against women. For this crime, social preferences for justice versus prevention of crime are elicited through a survey and inserted into the expression for the optimal standard. The result indicates that the concern for prevention of crime may have a signi¯cant e®ect on the optimal standard of proof. URI: http://hdl.handle.net/10398/6785 Files in this item: 1
wplefic042003.pdf (634.2Kb) -
Lessons for the EU from United States History, 1789 - 1861Sweeney, Richard J. (København, 2003)[More information][Less information]
Abstract: If secession or expulsion ends in a "velvet divorce," as with Czechoslovakia, costs are minimal and the split is relatively unimportant. High costs arise if a federation splits into mutually hostile, comparably sized regions. Perhaps the majority of splits lead to dangerous hostility. A well-designed constitution minimizes the likelihood of hostile splits by limiting the issues that are dealt with at the federal level, by providing checks and balances, and by establishing due process under the rule of law. Preventing the conditions under which a hostile split may arise is more costeffective than trying to optimize the terms of a split or to find last-minute compromises to forestall the split. URI: http://hdl.handle.net/10398/6786 Files in this item: 1
wplefic122003.pdf (396.6Kb) -
Some Lessons from United States Constitutional HistorySweeney, Richard J. (København, 2003)[More information][Less information]
Abstract: A constitution is more likely to be accepted if it federalizes those issues that are widely seen as needing complete harmonization. A constitution is more likely to endure if the federal government does not have powers that are not vital to it but which may alienate some member states to the point that the federal government loses legitimacy. It appears vital to have trade policy at the European Union level; for euro countries, monetary policy is already federalized. It is not clear that common foreign and defense policies are needed; insisting on common foreign and defense policies may lead to conflicts within and across member states that severely weaken the Union, conceivably contributing to eventual collapse. Insisting on harmonization of commercial codes does not have the destructive potential of attempting completely to harmonize defense and foreign policies; it may, however, lead to needless conflict that helps drain the reservoir of goodwill that the European Union will need for dealing with other conflicts amongst member states. URI: http://hdl.handle.net/10398/6787 Files in this item: 1
wplefic092003.pdf (442.7Kb) -
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Abstract: Artiklen indeholder en diskussion af Værdipapirhandelslovens forbud mod insider handel. Der redegøres for tesen om effektive markeder. Med udgangspunkt i økonomisk teori redegøres for argumenter for et forbud. Der argumenteres for at, at insiderforbudets økonomiske berettigelsen med fordel kan støttes på tesen om effektive markeder. Det er i modsætning hertil blevet gjort gældende i den nyeste børsretlige teori, at den økonomiske teori om effektive markeder ikke er et adækvat grundlag for insider reglerne, og at denne teori bør erstattes af den såkaldte Lemon-teori, formuleret af Akerlof. Artiklen gør gældende, at det ikke er uden problemer at overføre Akerlof’s teori til de finansielle markeder, eftersom der ikke tages hensyn til markedets selvregulerende mekanismer, som mindsker problemet med asymmetrisk information. Artiklen afsluttes med en diskussion af de reguleringsmæssige konsekvenser som følge af valg af det økonomiske grundlag for insiderforbudet. URI: http://hdl.handle.net/10398/6793 Files in this item: 1
wplefic152003.pdf (426.7Kb) -
a matter of contractual failuresRose, Caspar (København, 2003)[More information][Less information]
Abstract: Abstract: This article analyzes the conflict of interests between shareholders and other stakeholders, including when such conflicts of interests may arise. It is argued that shareholder value cannot be justified simply by referring to any prerogative property rights of the shareholders. Instead, shareholder value coincides with the efficient hypothetical perfect contract. However, due to contractual failures in certain bargain situations, management may be unable to "internalize the firms externalities". This means that in these situations there is a tradeoff between a broad duty of loyalty for management in listed firms and other traditional remedies. The theoretical insights are applied on a case from the Danish Supreme Court (Louis Poulsen A/S) where the interests of the stakeholders were decisive. However, it is shown that the verdict may instead harm the relevant stakeholders illustrating how cautious the legal system should use a doctrine based on the "company’s interests". In addition, the notion of a firm’s social responsibility is critically evaluated together with the associated pitfalls of accepting this concept. URI: http://hdl.handle.net/10398/6796 Files in this item: 1
wplefic162003.pdf (375.9Kb) -
Dietrich, J. Kimball; Wihlborg, Clas (København, 2003)[More information][Less information]
Abstract: We investigate the effect of changes in capital regulation on the strictness (leniency) of loan terms using a simple model of bank capital requirements and asset quality examinations. Banks offer different levels of "leniency" in the sense of willingness to offer automatic extensions of loans in the presence of temporary payment difficulties of borrowers. Banks offering lenient (less strict) loan terms must have higher initial levels of capital and charge higher loan rates. When capital requirements are increased, both strict and lenient banks hold higher levels of initial capital and they raise loan rates. As capital requirements increase the difference between initial capital levels and between interest rates of strict and lenient banks decrease. Thus, higher capital requirements in recessions tend to reduce the interest rate premium paid for leniency. If a recession is interpreted as an increase in the required return, the interest rate premium paid for leniency is increased in recession at a given level of required capital. URI: http://hdl.handle.net/10398/6804 Files in this item: 1
wplefic082003.pdf (364.4Kb) -
Limits on Economic Harmonization in The United States and The European UnionSweeney, Richard J. (København, 2003)[More information][Less information]
Abstract: The U.S. Constitution importantly limits the degree to which the federal government can impose harmonization across member states. This paper reviews these limitations and how they have evolved substantially over time in the U.S. It also discusses some of the benefits and costs of such limitations, and argues that the EU may benefit from adopting similar limitations. Harmonization of EU tax codes is likely to be economically harmful. On theoretical grounds, tax rates are likely to be harmonized at a common rate that is higher than optimal for the EU. This suggests the benefits of constitutional provisions that make tax harmonization difficult to impose. Other types of harmonization have a less clear-cut costbenefit analysis. A federal commercial code that is uniform across member states reduces transaction and information costs, compared to leaving important code issues to member states; further, many states may keep codes for long periods that are sub-optimal compared to a given federal code. A federal code may, however, fit poorly with other institutions of member states, potentially causing large costs. Leaving codes to the states leads to competition across states, and may generate forces for change for the better. Competition also generates information about the effectiveness and costs of different commercial codes. Because any country’s initial code is likely to be sub-optimal, and is likely to become less optimal over time, information on how to improve codes is valuable. Likely it is easier to learn and adapt from member states than from other countries. URI: http://hdl.handle.net/10398/6806 Files in this item: 1
wplefic112003.pdf (374.9Kb) -
Why Didn’t the U.S. Civil War Go On and On?Sweeney, Richard J. (København, 2003)[More information][Less information]
Abstract: The post-Civil War reconciliation between the North and the South is a very rare event in the history of civil wars. The South was thoroughly beaten. Top generals, particularly Robert E. Lee, saw further fighting as "useless effusion of blood." There was no call by top Confederate leaders for continuing the fight with the type of bushwacking that occurred in Missouri and Kansas. Reconstruction is often thought of as harsh, but compared to the standards of history Confederates were by and large treated well after the Civil War. Within a decade or so of the end of the Civil War, conservative white elites had established political, economic and social dominance in the South. They had lost their "slave property" and the "government of our own." They could never get back slavery, and a government of their own was not worth fighting for. There was little reason for the kind of persistent low-level guerilla warfare that often occurs after civil wars, or the organization of a succession of rebellions. URI: http://hdl.handle.net/10398/6810 Files in this item: 1
wplefic132003.pdf (447.2Kb) -
Eliasson, Gunnar; Wihlborg, Clas (København, 2003)[More information][Less information]
Abstract: The New Economy is closely associated with computing & communications technology, notably the Internet. We discuss property rights to, and trade in, the difficult-to-define intangible assets increasingly dominating the New Economy, and the possibility of under-investment in these assets. For a realistic analysis we introduce a Schumpeterian market environment (the experimentally organized economy). Weak property rights prevail when the rights to access, use, and trade in intangible assets cannot be fully exercised. The trade-off between the benefits of open access on the Internet, and the incentive effects of strengthened property rights, depend both on the particular strategy a firm employs to secure property rights, and the protection offered by law. Economic property rights can be strengthened if the originator can find innovative ways to charge for the intangible assets. The extreme complexity of the New Economy and the large number of possible innovative private contract arrangements make it more important to facilitate the use and enforcement of private individualized contracts to protect intellectual property than to rely only on standard mandatory patent and copyright law. Enabling law is one proposed solution. Current patent legislation in the US has led to costly litigation processes weakening the position of small firms and individuals in patent disputes. The property rights of such firms and individuals could be strengthened with insurance or arbitration procedures. Key words: Competence bloc theory, Enabling law, Experimentally Organized Economy, New Economy, Weak property rights, Tradability, Underinvestment. URI: http://hdl.handle.net/10398/6811 Files in this item: 1
wplefic052003.pdf (378.8Kb) -
Kowalski, Tadeusz; Kraft, Evan; Mullineux, Andrew; Vensel, Vello; Wihlborg, Clas (København, 2003)[More information][Less information]
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Wihlborg, Clas (København, 2003)[More information][Less information]
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Davis, Lee (København, 2002)[More information][Less information]
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validating new indicators by understanding patenting strategiesReitzig, Markus (København, 2002)[More information][Less information]
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The case of biotechnology and pharmaceuticalsHarhoff, Dietmar; Reitzig, Markus (København, 2002)[More information][Less information]
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Davis, Lee (København, 2002)[More information][Less information]
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A Comparative International Analysis of Innovation Incentives from Patent Indemnification RulesReitzig, Markus; Henkel, Joachim; Heath, Christopher (København, 2002)[More information][Less information]
Abstract: Abstract: This paper contributes to the fundamental discussion of setting optimal liabilities in restitution law by analyzing the effects that the existing multitude of indemnification rules for patent infringements have on innovative and imitative activity. From a theoretical legal standpoint, the choice of patent law is particularly enlightening due to its hybrid public and private nature. From an economic perspective its relevance lies in regulating the driving forces of welfare in highly industrialized societies. Our analysis of regulations from six different jurisdictions (US, JP, DE, UK, FR, NL) reveals that from a scholarly standpoint none of the regulations sets optimal liabilities in general. Our major finding is that an expectation damage rule based on a renegotiation outcome from an ex-ante perspective (falling in between the generic legal notions of ‘lost profits’ and ‘infringer’s profits’) between licensor and licensee appears optimal in patent infringement cases to avoid dynamic inefficiencies. The result is intuitive, however, was not predicted by the existing literature on indemnification law. Keywords: Patents, litigation, damage awards, innovation, infringement JEL-Classifications: K41,L00, L20 URI: http://hdl.handle.net/10398/6827 Files in this item: 1
wplefic182002new.pdf (499.7Kb)