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  Subjects -> ARCHAEOLOGY (Total: 300 journals)
Showing 1 - 57 of 57 Journals sorted alphabetically
Acta ad archaeologiam et artium historiam pertinentia     Open Access   (Followers: 1)
Acta Antiqua     Full-text available via subscription   (Followers: 22, SJR: 0.1, CiteScore: 0)
Acta Archaeologica     Hybrid Journal   (Followers: 55)
Acta Archaeologica Academiae Scientiarum Hungaricae     Full-text available via subscription   (Followers: 7, SJR: 0.139, CiteScore: 0)
Acta Terrae Septemcastrensis     Open Access   (Followers: 1)
Acta Universitatis Lodziensis : Folia Archaeologica     Open Access   (Followers: 1)
ADLFI. Archéologie de la France - Informations     Open Access   (Followers: 1)
Advances in Archaeomaterials     Open Access   (Followers: 1)
African Archaeological Review     Hybrid Journal   (Followers: 16)
Afrique : Archéologie & Arts     Open Access   (Followers: 5)
Akroterion     Full-text available via subscription   (Followers: 5)
American Antiquity     Full-text available via subscription   (Followers: 20)
American Journal of Archaeology     Partially Free   (Followers: 59)
Anadolu Araştırmaları / Anatolian Research     Open Access   (Followers: 1)
Anales de Arquelogía Cordobesa     Open Access  
Anales de Arqueología y Etnología     Open Access  
Anatolia Antiqua : Revue internationale d’archéologie anatolienne     Full-text available via subscription  
Anatolica     Full-text available via subscription   (Followers: 10)
Ancient Asia     Open Access   (Followers: 8)
Ancient History : Resources for Teachers     Full-text available via subscription   (Followers: 8)
Ancient Near Eastern Studies     Full-text available via subscription   (Followers: 24)
Ancient Society     Full-text available via subscription   (Followers: 19)
Ancient West & East     Full-text available via subscription   (Followers: 5)
Annuaire du Collège de France     Open Access   (Followers: 6)
Annual of the British School at Athens     Full-text available via subscription   (Followers: 15)
Anthropology & Archeology of Eurasia     Hybrid Journal   (Followers: 15)
Antipoda : Revista de Antropología y Arqueología     Open Access   (Followers: 3)
Antiqua     Open Access   (Followers: 8)
Antiquaries Journal, The     Full-text available via subscription   (Followers: 9)
Antiquite Tardive     Full-text available via subscription   (Followers: 6)
Antiquités Africaines     Open Access  
Antiquity     Hybrid Journal   (Followers: 36)
AntropoWebzin     Open Access   (Followers: 2)
AP : Online Journal in Public Archaeology     Open Access  
Arabian Archaeology and Epigraphy     Hybrid Journal   (Followers: 11)
Archaeofauna     Open Access   (Followers: 4)
Archaeologia Adriatica     Open Access  
Archaeologia Baltica     Open Access  
Archaeologia Lituana     Open Access  
Archaeologiai Értesitö     Full-text available via subscription   (Followers: 1, SJR: 0.112, CiteScore: 0)
Archaeological and Anthropological Sciences     Hybrid Journal   (Followers: 22)
Archaeological Dialogues     Hybrid Journal   (Followers: 30)
Archaeological Discovery     Open Access   (Followers: 3)
Archaeological Journal     Hybrid Journal   (Followers: 11)
Archaeological Prospection     Hybrid Journal   (Followers: 13)
Archaeological Reports     Full-text available via subscription   (Followers: 5)
Archaeological Research in Asia     Hybrid Journal   (Followers: 4)
Archaeologies     Hybrid Journal   (Followers: 13)
Archaeology in Oceania     Hybrid Journal   (Followers: 13)
Archaeology, Ethnology and Anthropology of Eurasia     Hybrid Journal   (Followers: 23)
Archaeometry     Hybrid Journal   (Followers: 35)
Archaeonautica     Open Access  
Archäologie im Rheinland     Open Access  
Archäologische Informationen     Open Access  
ArcheoArte. Rivista Elettronica di Archeologia e Arte     Open Access   (Followers: 7)
Archeological Papers of The American Anthropological Association     Hybrid Journal   (Followers: 12)
Archéologie médiévale     Open Access   (Followers: 1)
Archeomatica     Open Access   (Followers: 4)
ArcheoSciences     Open Access   (Followers: 8)
Archipel     Open Access  
Archivo Español de Arqueología     Open Access   (Followers: 1)
Arkæologi i Slesvig-Archäologie in Schleswig     Open Access  
Arqueología     Open Access  
Arqueología de la Arquitectura     Open Access   (Followers: 2)
Arqueología y Territorio Medieval     Open Access  
Artefact : Techniques, histoire et sciences humaines     Open Access   (Followers: 1)
Artefact : the journal of the Archaeological and Anthropological Society of Victoria     Full-text available via subscription   (Followers: 2)
Asian Archaeology     Hybrid Journal   (Followers: 1)
Asian Perspectives     Full-text available via subscription   (Followers: 9)
Athar Alrafedain     Open Access  
Ausgrabungen und Funde in Westfalen-Lippe     Open Access  
Australasian Historical Archaeology     Full-text available via subscription   (Followers: 6)
Australian Archaeology     Hybrid Journal   (Followers: 10)
Australian Cane Grower     Full-text available via subscription   (Followers: 1)
Azania: Archaeological Research in Africa     Hybrid Journal   (Followers: 6)
BABesch - Bulletin Antieke Beschaving     Full-text available via subscription   (Followers: 3)
Bajo Guadalquivir y Mundos Atlánticos     Open Access  
Balcanica Posnaniensia Acta et studia     Open Access  
Berkala Arkeologi     Open Access  
Boletín de Arqueología     Open Access  
Boletín de Arqueología Experimental     Open Access  
Boletín del Museo Chileno de Arte Precolombino     Open Access   (Followers: 1)
Brill Research Perspectives in Ancient History     Full-text available via subscription   (Followers: 1)
Britannia     Full-text available via subscription   (Followers: 12)
Bryn Mawr Classical Review     Open Access   (Followers: 45)
BSAA Arqueología     Open Access  
Built Environment Inquiry Journal     Open Access  
Bulletin de l'Institut français d'archéologie orientale     Open Access  
Bulletin du centre d’études médiévales d’Auxerre     Open Access   (Followers: 5)
Bulletin of the History of Archaeology     Open Access   (Followers: 14)
Cadernos do LEPAARQ     Open Access  
California Archaeology     Hybrid Journal   (Followers: 2)
Cambridge Archaeological Journal     Hybrid Journal   (Followers: 88)
Canadian Zooarchaeology / Zooarchéologie canadienne     Open Access   (Followers: 2)
Cartagine. Studi e Ricerche     Open Access   (Followers: 2)
Catalan Historical Review     Open Access   (Followers: 2)
Chronique des activités archéologiques de l'École française de Rome     Open Access  
Comechingonia : Revista de Arqueología     Open Access  
Complutum     Open Access   (Followers: 2)
Conimbriga     Open Access  
Conservation and Management of Archaeological Sites     Hybrid Journal   (Followers: 6)
Continuity and Change     Hybrid Journal   (Followers: 11)
Cuadernos de Arqueología de la Universidad de Navarra     Open Access  
Cuadernos de Prehistoria y Arqueología     Open Access  
Cultural Heritage and Science     Open Access   (Followers: 2)
Damrong Journal of The Faculty of Archaeology Silpakorn University     Open Access  
Danish Journal of Archaeology     Open Access   (Followers: 1)
Die Welt des Orients     Hybrid Journal   (Followers: 2)
Digital Applications in Archaeology and Cultural Heritage     Hybrid Journal   (Followers: 12)
Dissertationes Archaeologicae     Open Access   (Followers: 1)
Documenta Praehistorica     Open Access   (Followers: 2)
Dotawo : A Journal of Nubian Studies     Open Access   (Followers: 3)
E&G Quaternary Science Journal     Open Access   (Followers: 10)
Eastern Christian Art     Full-text available via subscription   (Followers: 2)
Economic Anthropology     Full-text available via subscription   (Followers: 18)
Environmental Archaeology     Hybrid Journal   (Followers: 39)
Estudios Atacameños     Open Access   (Followers: 2)
Estudios de Cultura Maya     Open Access   (Followers: 3)
Ethnoarchaeology : Journal of Archaeological, Ethnographic, and Experimental Studies     Hybrid Journal   (Followers: 11)
Ethnos: Journal of Anthropology     Hybrid Journal   (Followers: 85)
European Journal of Archaeology     Hybrid Journal   (Followers: 67)
European Journal of Law and Economics     Hybrid Journal   (Followers: 50)
Exchange     Hybrid Journal   (Followers: 4)
Florentia Iliberritana     Open Access   (Followers: 1)
Frankokratia     Full-text available via subscription  
Gaia : Revue interdisciplinaire sur la Grèce archaique     Open Access   (Followers: 1)
Gallia : Archéologie des Gaules     Open Access  
Gallia Préhistoire     Open Access  
Geoarchaeology: an International Journal     Hybrid Journal   (Followers: 17)
Geochronometria     Open Access   (Followers: 1)
Greek, Roman, and Byzantine Studies     Open Access   (Followers: 46)
Herança : Revista de História, Património e Cultura     Open Access   (Followers: 1)
Heritage Science     Open Access   (Followers: 5)
Heritage, Memory and Conflict Journal     Open Access   (Followers: 5)
Hispania Epigraphica     Open Access   (Followers: 3)
Historical Archaeology     Hybrid Journal   (Followers: 1)
Hortus Artium Medievalium     Full-text available via subscription   (Followers: 4)
In Situ Archaeologica     Open Access  
Index of Texas Archaeology : Open Access Gray Literature from the Lone Star State     Open Access  
Industrial Archaeology Review     Hybrid Journal   (Followers: 18)
International Journal for the History of Engineering and Technology     Hybrid Journal   (Followers: 2)
International Journal of Cultural Property     Full-text available via subscription   (Followers: 12)
International Journal of Heritage in the Digital Era     Full-text available via subscription   (Followers: 7)
International Journal of Historical Archaeology     Hybrid Journal   (Followers: 38)
International Journal of Nautical Archaeology     Hybrid Journal   (Followers: 23)
International Journal of Paleopathology     Partially Free   (Followers: 9)
International Journal of Speleology     Open Access   (Followers: 3)
Internet Archaeology     Open Access   (Followers: 13)
Iranica Antiqua     Full-text available via subscription   (Followers: 7)
Iraq     Full-text available via subscription   (Followers: 2)
ISIMU. Revista sobre Oriente Próximo y Egipto en la Antigüedad     Open Access  
Journal of African Archaeology     Full-text available via subscription  
Journal of African Diaspora Archaeology and Heritage     Hybrid Journal  
Journal of African History     Hybrid Journal   (Followers: 28)
Journal of Ancient Egyptian Interconnections     Full-text available via subscription   (Followers: 1)
Journal of Ancient History and Archaeology     Open Access   (Followers: 24)
Journal of Anthropological Archaeology     Hybrid Journal   (Followers: 66)
Journal of Archaeological Method and Theory     Hybrid Journal   (Followers: 51)
Journal of Archaeological Research     Hybrid Journal   (Followers: 50)
Journal of Archaeological Science     Hybrid Journal   (Followers: 69)
Journal of Archaeological Science : Reports     Hybrid Journal   (Followers: 23)
Journal of Biourbanism     Open Access   (Followers: 2)
Journal of Cognitive Historiography     Full-text available via subscription   (Followers: 5)
Journal of Community Archaeology & Heritage     Hybrid Journal   (Followers: 7)
Journal of Computer Applications in Archaeology     Open Access   (Followers: 1)
Journal of Conflict Archaeology     Hybrid Journal   (Followers: 14)
Journal of Contemporary Archaeology     Full-text available via subscription   (Followers: 4)
Journal of Eastern Mediterranean Archaeology & Heritage Studies     Full-text available via subscription   (Followers: 8)
Journal of Egyptian History     Hybrid Journal   (Followers: 7)
Journal of Field Archaeology     Hybrid Journal   (Followers: 31)
Journal of Glacial Archaeology     Full-text available via subscription   (Followers: 1)
Journal of Inner Asian Art and Archaeology     Full-text available via subscription   (Followers: 8)
Journal of Islamic Archaeology     Full-text available via subscription   (Followers: 4)
Journal of Island and Coastal Archaeology     Hybrid Journal   (Followers: 6)
Journal of Lithic Studies     Open Access   (Followers: 3)
Journal of Maritime Archaeology     Hybrid Journal   (Followers: 18)
Journal of Mediterranean Archaeology     Hybrid Journal   (Followers: 26)
Journal of Near Eastern Studies     Full-text available via subscription   (Followers: 26)
Journal of Neolithic Archaeology     Open Access   (Followers: 8)
Journal of Open Archaeology Data     Open Access   (Followers: 8)
Journal of Pacific Archaeology     Free   (Followers: 6)
Journal of Paleolithic Archaeology     Hybrid Journal  
Journal of Quaternary Science     Hybrid Journal   (Followers: 31)
Journal of Roman Archaeology     Hybrid Journal   (Followers: 20)
Journal of Skyscape Archaeology     Full-text available via subscription   (Followers: 1)
Journal of Social Archaeology     Hybrid Journal   (Followers: 39)
Journal of the British Archaeological Association     Hybrid Journal   (Followers: 14)
Journal of Wetland Archaeology     Full-text available via subscription   (Followers: 9)
Journal of World Prehistory     Hybrid Journal   (Followers: 33)
Karthago     Full-text available via subscription   (Followers: 2)
Kentron     Open Access  
Kuml     Open Access  
La zaranda de ideas     Open Access   (Followers: 1)
Landscapes     Hybrid Journal   (Followers: 18)
LANX: Rivista della Scuola di Specializzazione in Archeologia     Open Access  
Layers. Archeologia Territorio Contesti     Open Access   (Followers: 1)
Les Cahiers de l’École du Louvre     Open Access   (Followers: 2)
Les Nouvelles de l'archéologie     Open Access   (Followers: 1)
Levant     Hybrid Journal   (Followers: 6)
Liber Annuus     Full-text available via subscription   (Followers: 3)

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European Journal of Law and Economics
Journal Prestige (SJR): 0.375
Citation Impact (citeScore): 1
Number of Followers: 50  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1572-9990 - ISSN (Online) 0929-1261
Published by Springer-Verlag Homepage  [2469 journals]
  • Market entrance, patents, and preliminary injunctions: a model of
           pharmaceutical patent litigation

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      Abstract: Abstract The Patent Holder wishing to enforce her patent has several ways of doing so. In the world of patent litigation, however, one of the most important remedies is the preliminary injunction (PI), whereby an allegedly infringing competitor is forced to stop selling the goods in the market in the interim period before the court reaches its final decision on the merits. In spite of this, the economic literature has afforded little attention to PIs. This article uses a simple economic model to investigate how a Patent Holder and an Alleged Infringer will behave with and without the PI instrument. We show that party behavior depends on the probability that the Patent Holder does indeed have a valid patent and will prevail in a final court decision and on the extent to which courts can determine damages correctly. We find that while patent rights benefit the Patent Holder, the PI instrument to a large extent benefits the Alleged Infringer. It does so by insuring him against large damages payments and allowing him to receive compensation for actions not taken, i.e. for not being on the market in the interim period before the final court decision. Finally, we discuss different decision rules a court could use to decide whether to grant a PI, and propose a decision rule whereby courts can take into account the social benefits or losses of an erroneous PI decision.
      PubDate: 2022-06-01
       
  • On Coase and COVID-19

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      Abstract: Abstract From an epidemiological perspective, the COVID-19 pandemic is a public health crisis. From an economic perspective, it is an externality and a social cost. Strikingly, almost all economic policy to address the infection externality has been formulated within a Pigovian analysis of implicit taxes and subsidies directed by a social planner drawing on social cost-benefit analysis. In this paper we examine the alternative economic methodology of the externality. We seek to understand how an exchange-focused and institutional analysis provides a better understanding of how to minimise social cost. Our Coasean framework allows us to further develop a comparative institutional analysis of the pandemic response.
      PubDate: 2022-05-19
       
  • What lessons can be learned from cost efficiency' The case of Swedish
           district courts

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      Abstract: Abstract Many studies have reported findings regarding technical efficiency (i.e., resource use) for district courts around the world. However, our review of previous research did not find any studies targeting cost efficiency. To fill this gap, this study investigates the cost efficiency of Swedish district courts. We apply the Farrell framework and decompose cost efficiency into allocative and technical efficiency. The study finds substantial cost inefficiency for district courts in Sweden, which is mainly due to allocative inefficiency (i.e., having the wrong input mix or paying too much for inputs). This result is not surprising since, for example, there is regional heterogeneity in input prices (i.e., wages and rents). However, it also reveals the potential of, for example, moving district courts out of city centres and high-priced areas. On the other hand, the location and staffing of district courts serve other competing policy concerns, such as the proximity of citizens to district courts. The cost-efficiency analysis gives information about the cost of these competing policy concerns.
      PubDate: 2022-05-03
       
  • In practice or just on paper' Some insights on using alphabetical rule
           to assign judges to cases

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      Abstract: Abstract In order to prevent judicial bias and increase transparency within the court system, case distribution among judges is often subjected to specific rules. The question which arises, however, is whether these rules are obeyed in practice. In this paper, looking at the example from the Constitutional Tribunal of the Republic of Poland in the period 2011–2014, we check whether assigning judges to panels is consistent with the alphabetical rule that should govern the appointment of judges to cases. Our results show that the rule was fully obeyed only rarely and in fact, in most cases, it was notably disrupted. We test several potential explanations that may account for this issue. We find that the most obvious explanations such as formal preclusions, random events or other duties at the Tribunal can account for a minor share of the violations at best. Among the factors that we considered, a strategic composition of adjudication panels appears to have the highest explanatory potential.
      PubDate: 2022-04-23
       
  • Strict liability, scarce generic input and duopoly competition

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      Abstract: Abstract Strict liability imposed on firms involved in an imperfect competition game (here duopoly) is not an obstacle to achieving a socially optimal care level of care. However, when one input becomes scarce (here a limited generic asset), the precedent result is compromised. Duopolistic competition leads to supply more goods at a lower price at the equilibrium, but also a lower care level compared to a monopoly placed in similar conditions. When damage are too high, capped strict liability coupled with an ex-ante regulation leads the firms to increase their care level. The weakest one may disappear letting the other one in monopoly situation.
      PubDate: 2022-04-17
       
  • Does judicial effort matter for quality' Evidence from antitrust
           proceedings in Russian commercial courts

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      Abstract: Abstract Among the factors of court performance—a crucial element of the institutional environment for a well-functioning market economy—productivity (disposition time) and adjudicatory quality (minimum legal errors) are significant. This paper investigates presumed quantity-quality tradeoff in Russian commercial courts when considering claims to annul administrative infringement decisions, on the example of antitrust cases. Using a dataset of the first instance court decisions regarding claims to annul decisions of Russian competition authority during 2008–2015, we explore the influence of extra efforts by a judge to assess the evidence on the probability of appealing and annulling her decision. The effect is not found to be statistically significant which means the absence of adjudicatory quantity-quality tradeoff. We discuss then the implications of the finding to the rules for additional evidence presented in the courts when considering a case. We conclude, first, that in Russia the rules on reasonable disposition time and the motivation of judges to prevent backlog do not increase the probability of legal errors. Second, new evidence acquired during judicial review does not statistically improve the legal quality of court decisions. The policy implication is that the recent initiative of the Supreme Court of the Russian Federation to limit additional evidence when considering claims to annul administrative antitrust decisions is reasonable.
      PubDate: 2022-04-09
       
  • Damages for infringements of competition law

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      Abstract: Abstract The EU Damages Directive (2014) requires that compensation shall place a person who has suffered harm in the position in which that person would have been had the infringement of competition law not been committed, i.e., firms’ actions free of infringements serve as benchmark for specifying harm caused by deviations. The paper confronts this specification with game-theoretic models of market interaction. It is shown that firms are not necessarily deterred to form a cartel that coordinates action choice but non-deterred cartels turn out to be of less concern as they are at least welfare preserving if not enhancing. To implement damages rules that satisfy the Directive’s compensation requirement, courts must have sufficient information. When the actions taken by firms cannot be directly observed, implementing the compensation requirements remains possible only if the available evidence is sufficiently informative.
      PubDate: 2022-04-08
       
  • Do presumptions of negligence incentivize optimal precautions'

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      Abstract: Abstract In most jurisdictions, the burden of producing evidence on a contested issue traditionally falls on plaintiffs. In a tort claim, this de facto creates a presumption of non-negligence in favor of injurers. Some legal systems in Europe placed renewed attention on “presumed liability” rules, which instead create a presumption of negligence against injurers. In this paper, we analyze the effects of alternative legal presumptions on parties’ care incentives in the presence of discovery errors. Differently from what was suggested in prior research, we show that legal presumptions do affect primary behavior: presuming that the injurer was (not) negligent strengthens (weakens) his care incentives in situations where the plaintiff faces probatory difficulties. We analyze how these effects should inform the choice of evidence regimes to improve the robustness of liability rules, and to minimize the dilutive effect of imperfect discovery on individuals’ care incentives.
      PubDate: 2022-04-06
       
  • Rights redistribution and COVID-19 lockdown policy

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      Abstract: Abstract What is the tenet upon which the public policy of lockdown by fiat experienced during the COVID-19 pandemic is based on' The work approaches this question about the rationale of the mandatory shelter-in-place policy as an interpersonal exchange of rights, but where the exchange occurs coercively instead of voluntarily. It compares, in positive political economy terms, the normative principles of utilitarianism and Rawlsianism, and shows that lockdown by fiat is a policy that is closer to a maximin equity criterion rather than to a utilitarian one. The work moreover shows, also with the aid of a thought experiment and with factual applications, that the fiat redistribution of rights to liberty in favor of rights to health—from those least affected to those most affected by COVID-19—is, in the main, a policy choice that is to be expected under certain constraints.
      PubDate: 2022-04-05
       
  • Disagreeing in private or dissenting in public: an empirical exploration
           of possible motivations

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      Abstract: Abstract There are different theories to explain judicial dissent in collegial courts or committees. In the Spanish Council of State (Consejo de Estado), councilors can disagree with the majority opinion without filing an individual separate opinion. Drawing on a newly assembled dataset of all nonunanimous decisions for the period 2002–2018, we explore possible determinants to explain the individual decision to file a separate opinion when there is already explicit disagreement. We find that professional background and demographics seem to be the most powerful explanatory variables rather than characteristics of the case.
      PubDate: 2022-04-01
      DOI: 10.1007/s10657-021-09713-6
       
  • Abusive contract terms: Is unenforceability a deterrent sanction'

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      Abstract: Abstract We investigate the impact of sanctions in the presence of abusive contract terms in a litigation model under asymmetric information on consumers’ ability to litigate. A firm may decide to write an abusive clause to extract part of a consumer’s surplus. Facing such a clause, consumers can seek compensation at a cost, but only a fraction of them are ready to go to court to obtain this compensation. If the case is brought to court, the abusive clause is unenforceable. We then explore the consequences of introducing an additional sanction to this unenforceability. Our results show that the mere non-enforcement of abusive clauses has no deterrent effect. However, the introduction of an additional sanction has to be done carefully because under certain conditions, it leads to more deterrence but may also worsen the utilities of some consumers and generate mixed effects on welfare.
      PubDate: 2022-03-17
       
  • The German Facebook case: the law and economics of the relationship
           between competition and data protection law

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      Abstract: Abstract Can competition law consider effects on privacy, or should privacy concerns of data-collecting behaviour only be dealt with by data protection law' In this paper, we analyse the German Facebook case, in which the requirement of giving consent to the combination of personal data from different sources was prohibited as exploitative abuse by a dominant firm. We show, from an economic perspective, that due to the simultaneous existence of two market failures (market dominance, information and behavioural problems) and complex interaction effects between both market failures and both policies in digital markets, a new, much more complex relationship emerges. Since the traditional approach of a strict separation of both policies is no longer feasible, a more integrative and collaborative policy approach for competition law and data protection law might be necessary. With respect to the substantive issue in the Facebook case, i.e. protecting a minimum standard of choice for consumers regarding their personal data vis-a-vis dominant digital platform firms, the recent decision by the German Federal Court of Justice in this case and the proposed Digital Markets Act have led to new perspectives for dealing with privacy concerns in competition law and new forms of ex-ante regulation.
      PubDate: 2022-03-17
       
  • The effect of court-mandated mediation on the length of court proceedings
           in the Czech Republic

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      Abstract: Abstract The article explores the use of mediation in custody and civil disputes in court practice in the Czech Republic. The option for a court to order mediation in a dispute was enabled by the Mediation Act of 2012, with the proclaimed benefit of shortening the length of the dispute. We put these claims to test using data provided by the Ministry of Justice of the Czech Republic based on the so-called statistical sheets of district and regional courts. The dataset covers over 2 million custody and civil disputes resolved between 2013 and 2018. Descriptive analysis reveals that the courts’ use of mediation is still sporadic and regionally clustered. Regression analyses show that, contrary to the expectations, the custody (civil) disputes with mandated mediation were on average 3 (2.5) times longer than their counterparts without mediation, after accounting for several control variables. This effect varies over time and with the dispute’s subject matter.
      PubDate: 2022-03-05
      DOI: 10.1007/s10657-022-09729-6
       
  • Managers’ expectations, business cycles and cartels’ life
           cycle

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      Abstract: Abstract The literature presents mixed findings regarding the economic conditions under which cartels form and collapse, and regarding how stable they are across firm-specific and industry-wide business cycles. The relationship between cartel life cycles and business cycles has been insufficiently analyzed to date. In this paper, we study in depth whether collusion is pro-cyclical or counter-cyclical. We analyze the relationship between cartel start-ups/break ups and economic cycles using a dataset of sanctioned cartels by the European Commission (EC) that were active between 1997 and 2018, after the leniency program had already been introduced. We also double check whether this relationship has changed with respect to the pre-leniency period from 1991 to 1996. Our results show that cartels are more likely to be formed when the business has evolved positively in the previous months, and cartels are less likely to collapse when the business has evolved positively, and managers expect prices to decline. The EC’s sanctioning activity has been an effective deterrent and has had a destabilizing effect on cartels. However we found no evidence that managers’ expectations on prices affect cartel formation. All these results are an important issue for anti-cartel policy enforcement since knowing when cartels are more prone or less likely to occur would help authorities prevent their formation or their early detection.
      PubDate: 2022-02-21
      DOI: 10.1007/s10657-022-09730-z
       
  • The economics of platform liability

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      Abstract: Abstract Public authorities in many jurisdictions are concerned about the proliferation of illegal content and products on online platforms. One often discussed solution is to make the platform liable for third parties’ misconduct. In this paper, we first identify platform incentives to stop online misconduct in the absence of liability. Then, we provide an economic appraisal of platform liability that highlights the intended and unintended effects of a more stringent liability rule on several key variables such as prices, terms and conditions, business models, and investments. Specifically, we discuss the impact of the liability regime applying to online platforms on competition between them and the incentives of third parties relying on them. Finally, we analyze the potential costs and benefits of measures that have received much attention in recent policy discussions.
      PubDate: 2022-02-19
      DOI: 10.1007/s10657-022-09728-7
       
  • Constitutional overperformance: an empirical study of de facto protection
           of rights with no de jure equivalents

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      Abstract: Abstract In this paper we aim to contribute to the debate on successful enforcement of constitutional rules and its determinants by extending the focus to the phenomenon of constitutional overperformance, which arises when countries that do not include certain de jure rights in their constitutions, nevertheless de facto observe them. Firstly, we provide evidence that constitutional overperformance is a common phenomenon around the globe and it demonstrates high variation. Secondly, we identify factors which contribute to it. In particular, more constitutional overperformance is found in countries with older and less comprehensive constitutions, a high degree of democratization and a more robust civil society, plagued by less political conflict. Spatial interdependence effects are also identified confirming the diffusion of constitutional overperformance between countries. We base the conclusions on an empirical study conducted for a global sample of more than 100 countries.
      PubDate: 2022-02-12
      DOI: 10.1007/s10657-022-09725-w
       
  • Settlements in corporate bribery cases: an illusion of choice'

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      Abstract: Abstract Despite prosecutors’ difficulties in proving corporate bribery, nearly all enforcement actions end with a settlement at the pretrial stage. Compared to court proceedings, settlement-based enforcement provide prosecutors with flexibility to reward offenders’ self-reporting and cooperation, and reach quicker conclusions to complex cases. In this article, we explain, such enforcement needs regulation to minimize potentially harmful side-effects. When the difference between a court and settlement sanction exceeds a certain size, the alleged offender accepts a settlement regardless of actual responsibility of misconduct. For the prosecutor, the option of offering a lenient settlement means weaker incentives to ascertain the material facts of the case. Society receives less information about the blameworthy act, little opportunity to evaluate the sanction, and less reason to expect sanctions to deter bribery. We show why such consequences result in under-deterrence of bribery and weaker rule of law. The use of settlement may have a self-escalating effect because the enforcement mode can reduce the predictability of the law, while a defendant’s inclination to accept a settlement offer depends on the predictability of the law. Our results suggest that United Kingdom’s current escalation of enforcement of corporate bribery laws will lead to a mixture of settlements and court decisions, while in the United States firms will continue to negotiate settlements as if there were no opportunity to have their cases tested in court.
      PubDate: 2022-02-08
      DOI: 10.1007/s10657-022-09726-9
       
  • Regulation on coexisting legal and illegal markets with quality
           differentiation

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      Abstract: Abstract This paper considers coexisting legal and illegal markets for goods with undesirable consumption externalities, such as marijuana markets. This paper introduces a quality differentiation between legal and illegal markets, e.g., product differentiation and its consumption externality, and investigates the effects of regulations such as taxation and quality control on legal markets and enforcement against illegal producers and consumers. This paper shows that these regulations of legal and illegal markets are likely to cause divergence between legal and illegal prices and may fail to reduce social costs.
      PubDate: 2022-02-03
      DOI: 10.1007/s10657-022-09724-x
       
  • Time efficiency as a measure of court performance: evidence from the Court
           of Justice of the European Union

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      Abstract: Abstract This work proposes an alternative measure of court performance, namely, time efficiency, which is equal to the length of a verdict divided by the time needed to resolve the case. Using the data of resolved judgments of the Court of Justice of the European Union (CJEU) from 1954 to 2017, we show that, first, backlog causes time efficiency to fall using a vector autoregression model (VAR), and, second, the lowest value of time efficiency coincides with the establishment of the General Court in 1989. We argue with evidence that the improvement of time efficiency since 1989 was a result of the reform of the CJEU.
      PubDate: 2022-01-05
      DOI: 10.1007/s10657-021-09722-5
       
  • Premature repayment of fixed interest mortgage loans without compensation,
           a case of misguided consumer protection in the EU

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      Abstract: Abstract Consumer protection shifts risks from consumers to businesses. This raises marginal costs and equilibrium prices. It is justified when markets are not strong enough to allocate contractual risks or accident risks efficiently, especially in cases of severe asymmetric information between suppliers and consumers. Consumer protection can then increase the consumer’s expected welfare from a contract. We test these considerations in a theoretical and empirical study on consumers' right to early repayment of mortgage loans without damage compensation to the creditor in the European Union. We show in a formal model that such a right can lead to an impairment of consumer welfare, compared with the traditional rule of expectation damages for breach of contract. This applies if the consumer is risk averse and repays a loan with a high interest rate in a low interest period to take up a new loan for the same project at lower interests. From a theoretical point of view, this right has no solid economic underpinning, if it is not restricted to cases of personal hardship of the consumer and serves an insurance purpose. We present empirical evidence supporting this argument. In a panel study on monthly mortgage interest rates of 23 EU Member States between 2005 and 2017 we show how interest rate spreads change with the level of consumer protection.
      PubDate: 2022-01-04
      DOI: 10.1007/s10657-021-09719-0
       
 
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