Chen, Yongmin and Li, Jianpei and Zhang, Jin (2018): Efficient Liability in Expert Markets.
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Abstract
When providing professional services, an expert may misbehave by either prescribing the "wrong" treatment for a consumer's problem or failing to exert proper effort to diagnose it. We show that under a range of liabilities the expert will recommend the appropriate treatment based on his private information if price margins for alternative treatments are close enough; however, a well-designed liability rule is essential for also motivating efficient diagnosis effort. We further demonstrate that unfettered price competition between experts may undermine the efficient role of liability, whereas either a minimum-price constraint or an obligation-to-serve requirement can restore it.
Item Type: | MPRA Paper |
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Original Title: | Efficient Liability in Expert Markets |
English Title: | Efficient Liability in Expert Markets |
Language: | English |
Keywords: | Credence goods, experience goods, experts, liability, diagnosis effort, undertreatment, overtreatment |
Subjects: | D - Microeconomics > D8 - Information, Knowledge, and Uncertainty > D82 - Asymmetric and Private Information ; Mechanism Design I - Health, Education, and Welfare > I1 - Health > I18 - Government Policy ; Regulation ; Public Health K - Law and Economics > K1 - Basic Areas of Law > K13 - Tort Law and Product Liability ; Forensic Economics L - Industrial Organization > L2 - Firm Objectives, Organization, and Behavior > L23 - Organization of Production |
Item ID: | 104326 |
Depositing User: | Jianpei Li |
Date Deposited: | 05 Dec 2020 07:02 |
Last Modified: | 05 Dec 2020 07:03 |
References: | [1] Alger, I., and F. Salanie (2006): “A Theory of Fraud and Overtreatment in Expert Markets,” Journal of Economics and Management Strategy, 15, 853–881. [2] Arlen, J. (2013): “Economic Analysis of Medical Malpractice Liability and Its Reform,” Research Handbook on the Economics of Torts, PP. 33-68, Edward Elgar, Cheltenham, UK · Northampton, MA, USA. [3] Arlen, J., and W. B. MacLeod (2005): “Torts, expertise, and authority: liability of physicians and managed care organizations,” Rand Journal of Economics, 36, 494–519. [4] Balafoutas, L., and R. Kerschbamer (2020): “Credence Goods in the Literature: What the Past Fifteen Years Have Taught Us About Fraud, Incentives, and the Role of Institutions,” Journal of Behavioral and Experimental Finance, 26, 100285. [5] Bardey, D., Gromb, D., Martimort, D. and J. Pouyet (2020): “Controlling Sellers Who Provide Advice: Regulation and Competition,” Journal of Industrial Economics, https://doi.org/10.1111/joie.12228 [6] Bester, H., and M. Dahm (2018): “Credence Goods, Costly Diagnosis, and Subjective Evaluation,” Economic Journal, 128, 1367-1394. [7] Buck, I. D. (2013): “Caring Too Much: Misapplying the False Claims Act to Target Overtreatment,” Ohio State Law Journal, 74, 463–513. [8] Buck, I. D. (2015): “Breaking the Fever: A New Construct for Regulating Overtreatment,” U. C. Davis Law Review, 48, 1261-1318. [9] Brown, J. P. (1973): “Toward an Economic Theory of Liability,” The Journal of Legal Studies, 2, 323–349. [10] Brownlee, S. (2008): Overtreated: Why Too Much Medicine is Making Us Sicker and Poorer. New York: Bloomsbury USA. [11] Chen, Y., and X. Hua (2012): “Ex Ante Investment, Ex Post Remedies, and Product Liability,” International Economic Review, 53, 845–866. [12] Coey, D. (2015): “Physicians’ Financial Incentives and Treatment Choices in Heart Attack Management,” Quantitative Economics, 6, 703–748. [13] Danzon, P. M. (1991): “Liability for Medical Malpractice,” Journal of Economic Perspectives, 5, 51–69. [14] Darby, M., and E. Karni (1973): “Free Competition and the Optimal Amount of Fraud,” Journal of Law and Economics, 16, 67–88. [15] Daughety, A. F., and J. F. Reinganum (1995): “Product Safety: Liability, R&D, and Signaling,” American Economic Review, 85, 1187–1206. [16] Daughety, A. F., and J. F. Reinganum (2008): “Product Liability, Signaling, and Disclosure,” Journal of Institutional and Theoretical Economics, 164, 106–126. [17] Dickstein, M. J. (2016): “Physician vs. Patient Incentives in Prescription Drug Choice,” Working Paper. [18] Demougin, D., and C. Fluet (2006): “Preponderance of Evidence,” European Economic Review, 50, 963-976. [19] Demougin, D., and C. Fluet (2008): “Rules of Proof, Courts, and Incentives,” Rand Journal of Economics, 39, 20-40. [20] Dulleck, U., and R. Kerschbamer (2006): “On Doctors, Mechanics, and Computer Specialists: The Economics of Credence Goods,” Journal of Economic Literature, 44, 5–42. [21] Dulleck, U., and R. Kerschbamer (2009): “Experts vs. Discounters: Consumers Free-Riding and Experts Withholding Advice in Markets for Credence Goods,” International Journal of Industrial Organization, 27, 15–23. [22] Emons, W. (1997): “Credence Goods and Fraudulent Experts,” Rand Journal of Economics, 28, 107-119. [23] Emons, W. (2001): “Credence Goods Monopolists,” International Journal of Industrial Organization, 19, 375-389. [24] Fong, Y. (2005): “When do Experts Cheat and Whom do They Target?” Rand Journal of Economics, 36, 113–130. [25] Fong, Y. and T. Liu (2018): “Liability and Reputation in Credence Goods Markets,” Economics Letters, 166, 35–39. [26] Fong, Y., T. Liu, and D. J. Wright (2014): “On the Role of Verifiability and Commitment in Credence Goods Market,” International Journal of Industrial Organization, 37, 118–129. [27] Gruber, J., and J. Kim, and D. Mayzlin (1999): “Physician Fees and Procedure Intensity: The Case of Cesarean Delivery,” Journal of Health Economics, 18, 473–490. [28] Hua, X. (2011): “Product Recall and Liability,” Journal of Law, Economics, & Organization, 27, 113–136. [29] Liu, T. (2011): “Credence Goods Markets with Conscientious and Selfish Experts,” International Economic Review, 52, 227–244. [30] Shavell, S. (1980): “Strict Liability vs. Negligence,” Journal of Legal Studies, 9, 1–25. [31] Shavell, S. (2007): “Liability for Accidents,” Handbook of Law and Economics, Volume 1, edited by A. Mitchell Polinsky and Steven Shavell, Elsevier B.V.. [32] Simon, M. J. (1982): “Diagnoses and Medical Malpractice: A Comparison of Negligence and Strict Liability Systems,” Bell Journal of Economics, 13, 170–180. [33] Spier, K. E. (2011): “Product Safety, Buybacks, and the Post-Sale Duty to Warn,” Journal of Law, Economics, & Organization, 27, 515–539. [34] Taylor, C.R. (1995): “The Economics of Breakdowns, Checkups, and Cures,” Journal of Political Economy, 103, 53-74. |
URI: | https://mpra.ub.uni-muenchen.de/id/eprint/104326 |