“To Be or Not to Be an Auctioneer?” Some Thoughts on the Legal Nature of Online “eBay” Auctions and the Protection of Consumers

This paper discusses the legal classification of online “eBay” auctions. The discussion has key implications on the scope of consumer protection law as sale by auctions are, for example, excluded from the scope of the Consumer Protection (Distance Selling) Regulations 2000. The paper uncovers that online “eBay” auctions cannot always be considered as traditional auctions and that eBay, as an intermediary, is not to be considered as an auctioneer. This creates difficulties associated with a distributive application of consumer protection laws such as the Consumer Protection (Distance Selling) Regulations 2000. Another set of difficulties is associated with a lenient legal regime applicable to the liability of eBay under the Electronic Commerce (EC Directive) Regulations 2002. The paper concludes that there is an urgent need to clarify the legal classification of online auctions and to rethink the liability of online auction sites to better protect consumers.

Revenue implication of auction value in <Emphasis Type="Italic">k</Emphasis>-price sealed-bid auctions: An experimental study

In this paper, we show that in a heterogeneous bidding community with predominantly risk-seeking bidders, third-price sealed-bid auctions yield higher revenue for the seller than first-price sealed-bid auctions when the auction value is low. Conversely, when the value of the auction is high, first-price sealed-bid auctions yield higher revenue for the seller than third-price sealed-bid auctions. Existing theoretical findings for a homogeneous group of risk-seeking individuals imply that third-price sealed-bid auctions should generate higher revenues for the seller than first-price sealed-bid auctions. Our results for low-value auctions agree but our results for high-value auctions do not agree with the existing findings. We discuss the implications of this discrepancy as a function of the shift in goal orientation from a win-focus to a value-focus as the value of the auction increases.

Download of Copyright-Protected Internet Content and the Role of (Consumer) Contract Law

The software, music, and movie industries keep suggesting to consumers that if they copy digital contents they may find themselves in jail. Moreover, horrifying damage claims are in the air. The problem with these scenarios is, amongst others, that it is difficult to understand for consumers where their rights end and where illegal use of content begins. This article focuses on the contractual relationship between online content providers and consumers. It explores relevant consumer law issues and lays open the legal uncertainties of the current regimes at the European Community (EC) and national level. The article then looks at current ideas put forward by the Commission on how to regulate internet consumer law. It concludes that a sector-specific i-consumer contract law should be introduced and offers proposals related to its possible content.

Competitive reasons for the Name-Your-Own-Price channel

This paper shows that the Name-Your-Own-Price (NYOP) business model can help soften competition. When consumers differ in their frictional costs (i.e., the shopping hassle) they experience when bidding at an NYOP retailer, the NYOP format can be a mechanism for differentiating a retailer from a posted-price rival. Beyond providing a motivation for using an NYOP mechanism, competition also has important implications for the optimal structure of the NYOP format. For example, this paper shows that prohibiting rebidding may benefit an NYOP firm by reducing price rivalry.

The effect of experience on Internet auction bidding dynamics

On the basis of the bidding history of a panel of new eBay bidders, we examine the impact of different types of experiences on bidding behavior evolution. Accounting for unobserved bidder heterogeneity, the results indicate that losing experiences make the bidders’ bidding behavior evolve toward the normative predictions of auction theory, in that they submit fewer bids and bid later. Winning experiences, however, do not have such an effect. Moreover, the experience effect pertains to the bidder’s entire previous bidding experience regardless of product categories. We also assess the potential bias introduced by using feedback ratings (compared with actual participation) as experience measures.

Evaluating wireless carrier consolidation using semiparametric demand estimation

The US mobile phone service industry has dramatically consolidated over the last two decades. One justification for consolidation is that merged firms can provide consumers with larger coverage areas at lower costs. We estimate the willingness to pay for national coverage to evaluate this justification for past consolidation. As market level quantity data are not publicly available, we devise an econometric procedure that allows us to estimate the willingness to pay using market share ranks collected from the popular online retailer Amazon. Our semiparametric maximum score estimator controls for consumers’ heterogeneous preferences for carriers, handsets and minutes of calling time. We find that national coverage is strongly valued by consumers, providing an efficiency justification for across-market mergers. The methods we propose can estimate demand for other products using data from online retailers where product ranks, but not quantities, are observed.

When auction meets fixed price: a theoretical and empirical examination of buy-it-now auctions

Recently fixed pricing and auctions have been brought together in a new pricing format that offers bidders the option of prematurely ending an auction at a fixed price. The growing popularity of auctions presents an interesting pricing decision for managers: whether to sell at a fixed price, in a regular auction, or through a buy-it-now auction. This paper studies eBay’s buy-it-now auction and answers the following research questions: why is fixed price used at traditional auctions, will buy-it-now increase the seller’s profit, how is an optimal price determined, and how is the buy-it-now decision influenced by key factors such as the customer’s cost of participating in the auction, the seller’s reserve price, and the number of potential customers. Our results show that when customers make endogenous participation decisions according to their participation costs, buy-it-now auctions can increase both customers’ utility and sellers’ profit. Endogenous participation has important implications for seller’s pricing decisions such as price formats and levels. Depending on the level of the posted price, the resulting price format could be either fixed price, buy-it-now auction or pure auction. Therefore, the seller needs to be careful and take into account market conditions when posting a price at auctions. We empirically test the model assumptions and predictions using data collected from eBay.

---

Electronic supplementary material  The online version of this article (doi:) contains supplementary material, which is available to authorized users.

Can Consumers Buy Responsibly? Analysis and Solutions for Market Failures

This paper analyses one of the business case arguments for social responsibility: that corporate social responsibility plans are rewarded by consumers. This paper explores the ability of consumers to buy responsibly, identifies the main obstacles for responsible consumption, and suggests conditions for it to work. The review of previous studies leads us to conclude that consuming responsibly is seen as a time consuming activity, economically disadvantageous, and stressful. The main thesis of this paper is that unless market failures are corrected, consumers will not be able to buy responsibly, and therefore, market incentives for CSR are seriously threatened.

Crime,punishment, and consumer protection

Criminal law is perhaps society’s strongest technique of formal censure. By labelling an activity as “criminal” we attach to it a special stigma. Despite this, the United Kingdom (UK) has a long history of criminalising conduct that lacks the seriousness we might expect that label to involve. One area where criminal sanctions have been commonly used in the UK is consumer protection. This article argues that it is time to reconsider the role of criminal law in consumer protection and considers how alternative regimes may better-protect the consumer from business wrongdoing.

The shipping strategies of internet retailers: Evidence from internet book retailing

Managing the shipment of goods to consumers is one of the central aspects of retail competition on the internet. In this article, we analyze internet retailers’ shipping strategies using data from the internet book retailing industry. We find that, controlling for a variety of observable firm characteristics, firms with lower product prices offer lower shipping fees and higher quality shipping in terms of average delivery time, compared to firms with higher product prices. These patterns cannot be readily reconciled with a large class of models of competition under perfect consumer information. Theories based on imperfect consumer information can explain the findings better.

The Managerial Law Firm and the Globalization of Legal Ethics

The processes of economic integration induced by globalization have brought about a certain type of legal practice that challenges the core values of legal ethics. Law firms seeking to represent the interests of internationally active corporate clients must embrace and systematically apply concepts of strategic management and planning and install corporate business structures to sustain competition for lucrative clients. These measures bear a high conflict potential with the core values of legal ethics. However, we observe in parallel a global consolidation of these core values through an enhanced cooperation of national professional bodies, the use of international codes, and comparative legal ethics teaching and research. Furthermore, state regulation of the legal profession is concerned with preserving the core values of legal ethics to conserve the lawyer’s role in upholding the rule of law. This article defends that legal ethics is adapting to the pressures exerted by “managerial” approaches to legal practice without this altering core values that underlie legal ethics.

Third-Degree Price Discrimination in the Presence of Asymmetric Consumption Externalities

In this paper, we consider third-degree price discrimination in two markets in the presence of asymmetric consumption externalities; we establish that under plausible conditions, a firm reduces its price in the market with low price elasticity of demand. The firm can increase its profits by reducing the price for these consumers and enlarging the demand for other consumers, provided that positive consumption externalities exist. Moreover, we show that third-degree price discrimination enhances not only the firm’s profit but also total consumer surplus.

Financial development and the growth of cooperative firms

The purpose of this article is to empirically assess the relationship existing between local financial development and the growth of firms, with a special focus on cooperatives. Using Italian data, a multiplicative interaction model is specified, so as to allow the impact of local banking development to differ between cooperative and non-cooperative firms. The main finding is that although local banking development represents a determinant of firms’ growth, regardless of their legal structure, it plays a special role in boosting the growth of cooperatives. This result provides evidence in favor to the existence of an institutional complementarity relationship between the development of local banking institutions and cooperative firms.

The relationship between FSI advertising style and coupon redemption

We investigate the relationship between free-standing insert advertising style and coupon redemption. Results from two experiments indicate that the propensity to clip a coupon can be enhanced by matching ad tone (emotional vs rational) to the nature of a consumer’s primary motivation with respect to coupon usage. Moreover, this result appears to hold for consumers with both procoupon and anticoupon inclinations.

Consumer boycotts: The impact of the Iraq war on French wine sales in the U.S.

The French opposition to the war in Iraq in early 2003 prompted calls for a boycott of French wine in the US. We measure the magnitude of consumers’ participation in the boycott, and look at basic evidence of who participates. Conservative estimates indicate that the boycott resulted in 26% lower weekly sales at its peak, and 13% lower sales over the 6 months period that we estimate the boycott lasted. Although theory suggests consumers would not participate in boycotts due to a free-rider problem, these findings indicate that businesses should be concerned that consumers may boycott their products. We also find that neither political preferences nor media attention are important determinants of boycott participation.

Hierarchical Bayesian conjoint models incorporating measurement uncertainty

The authors explore situations where consumers supplement their judgments with a measurement of uncertainty about their own preferences, either implicitly or explicitly, and develop two sets of hierarchical Bayesian conjoint models incorporating such measurements. The first set of models uses the relative location of a rating to determine the importance or weight given to the rating, in a regression setting. The second set uses interval judgment as a dependent variable in a regression setting. After specifying the models, the authors perform a theoretical comparison with a basic Bayesian regression model. They show that, under different conditions, the proposed models will yield more precise individual-level partworth estimates. Two simulated data examples and data from a conjoint study are used to illustrate the gains that could be obtained from modeling uncertainty. In the empirical application, the authors show that model fit improves when ratings for items that respondents do not like are given more weight compared to ratings for items that they do like. Electronic Supplementary Material  The online version of this article (doi:) contains supplementary material, which is available to authorized users.

Private labels and new product development

This paper provides a positive theory of private labels in new product development when a non-integrated distribution channel is faced with demand uncertainty. We consider a regular marketing environment in which a manufacturer endowed with a branded product seeks to design a new product to resolve its retailer’s mis-targeting problem and to optimally screen consumers. Assuming that only linear pricing schemes are available and that the retailer learns the state of demand earlier than the manufacturer does, we show that the presence of a private label always improves channel efficiency. Moreover, a private label is more likely to prevail when the existing branded product is a premium item.

The Meaning of Entrepreneurship: A Modular Concept

Entrepreneurship has been characterised as one of the most intriguing but equally elusive concepts in economics. This critical review first surveys its major intellectual roots and then proposes a modular concept of entrepreneurship that preserves essential distinctions along its behavioural, functional, and occupational dimensions. It argues that the behavioural definition identifies the only attribute that is both comprehensive and unique to the nature of entrepreneurship, while the functional and occupational definitions add the specificity required for many analytical purposes. To validate the concept, the paper discusses the appropriate empirical units of observation and maps a general policy framework.

Accommodating the Needs of iConsumers: Making Sure They Get Their Money’s Worth of Digital Entertainment

The current methods of distributing music and film on the mass-market, either off-line or on-line, raise two types of consumer protection issues. First, consumers are not always in a position to know what they can and cannot do with their digital hardware and content. A lack of proper information and the ensuing failure of the products to meet the consumer’s expectations inevitably leads to discontent. In addition, as weaker party in the transaction, consumers have often no other choice but to accept or refuse the restrictive terms of use, even if these could be regarded as unfair. This paper examines whether European law is amenable to accommodate the iConsumer’s needs, and if so, in what form.

Internationalisation of technology-oriented firms in Germany and the UK

Based on longitudinal data, this article examines empirically the long-term export behaviour of German and British technology-oriented firms founded between 1987 and 1996. Applying logit models, the results show that firms can overcome high entry costs by acquiring firm-specific assets. Similarly, firm-specific resources prevent high-tech companies from exiting the international market. The strategic role of investment in R&D is stressed in particular by the data.