The Place of Consumer Contract Law Within the Process on European Contract Law

This paper shows the development of European consumer contract law within the whole area of European contract law. It explains in some detail the possible contents of one of the major options for the future – the development of a specific consumer contract law in form of a framework Directive. Such an instrument would combine the common denominators of the consumer contract Directives: the applicable definitions of a consumer and a trader, the right of withdrawal, the pre-contractual information obligations, the burden of proof, the private international law clause, and the nature of consumer law as mandatory law. Furthermore the paper shows how the Commission Communication of July 2001 and the Commission Action Plan of 2003 shape the process of European contract law. Finally, it analyses in particular the treatment of consumer contract law in the Action Plan.     

US Managers' Use of 'Pro Forma' Adjustments to Meet Strategic Earnings Targets

Abstract:  The practice of reporting manager-adjusted 'pro forma' earnings numbers in quarterly earnings press releases has attracted considerable attention in recent years in the United States. Prior research suggests that while some managers report these adjusted numbers to better reflect core earnings, others may use these earnings adjustments to meet strategic earnings targets on a pro forma basis when they fall short based on GAAP reporting standards. Assuming the latter motivation could potentially mislead investors, the difficulty lies in distinguishing the 'good guys' from the 'bad guys.' Using hand-collected pro forma earnings data, we investigate the extent to which different types of earnings adjustments affect the spread between pro forma earnings and GAAP earnings from continuing operations. Moreover, we investigate which types of adjustments managers use to meet strategic earnings targets. In addition to the exclusion of one-time items like restructuring charges, the results indicate that managers often exclude recurring expenses such as depreciation, research and development, and stock-based compensation to meet these strategic targets. The exclusion of recurring items is especially indicative of aggressive pro forma reporting. Finally, we find that firms that report adjusted earnings numbers only sporadically are more likely than firms that adjust earnings figures on a regular basis to use pro forma reporting to achieve strategic earnings targets by excluding recurring items.     

Entrepreneurial Discovery and the Demmert/Klein Experiment: Another Attempt at Creating the Proper Context

Friedrich Hayek conjectured that the free enterprise system is the most effective in making discoveries, and Israel Kirzner refines the conjecture by saying that profit opportunities evoke entrepreneurial discovery. Demmert and Klein (2003) present the first attempt to demonstrate the Hayek/Kirzner conjecture. On the whole, Demmert and Klein (2003) classify the results as disappointing but fruitful. In contrast we argue that additional experimental evidence might yield a demonstration of the conjecture. We continued the diligence and good-faith effort started by Demmert and Klein (2003) to devise an experimental setting that would create a genuine context for entrepreneurial discovery, yet the conjecture eludes our efforts at controlling the experiment. We duplicated the experiment at a Business School in Germany, with two simple variations. First, Demmert and Klein (2003) recruited only male students. We include male and female students. Second, Demmert and Klein (2003) used a payment schedule that includes a flat rate for participation and additional earnings depending on the presented performance. We drop the flat rate and slightly reduce the earnings per unit outperformance. Our results show that overall money matters. Our results are rather like those of Demmert and Klein (2003) and do not seem to be influenced by a baseline payment. Moreover, there are gender specific divergences showing male students earning significant higher additional earnings than their female fellow students.     

Mapping the Impact of Social Media for Innovation: The Role of Social Media in Explaining Innovation Performance in the PDMA Comparative Performance Assessment Study

Social media (SM) allow users to easily create, edit, or share content. The vast numbers of individuals that converge around sites like LinkedIn, Facebook, or Twitter embody a rich source of external knowledge that could be utilized for new product development (NPD). Complementing other channels for open innovation (OI), SM can provide access to novel information about customer needs and technological solutions unknown to the firm. Anecdotal evidence suggests that there are considerable benefits from using SM during an innovation project, but empirical evidence is scarce. Contributing to the perspective of openness in search, a number of hypotheses propose how SM as a new channel for OI can contribute to firm performance. This model is tested using data from the PDMA Comparative Performance Assessment Study, identifying factors influencing the relationship between SM and NPD performance. The findings indicate that utilizing information from SM channels can lead to higher performance, but that this link is influenced by the formalization of a firm's NPD process. This study also finds that the ability of a firm to benefit from external search in SM strongly depends on complementary internal processes when organizing and conducting this activity. Furthermore, managers have to take care when utilizing information from SM channels in radical projects, as for this kind of project only a weak significant performance contribution of SM could be found.     

Exploring the interaction between technology and morality in the field of genetic susceptibility testing: A scenario study

With the rise of genomics promises and concerns have emerged about future possibilities for screening of genetic susceptibilities to common diseases in the population. In this article we start from the assumption that for a better understanding of the future ethical implications of genetic susceptibility screening we need to address the interaction between technological and moral developments in society. We introduce a techno-ethical scenario approach and show how it may help us to explore more systematically potential future interactions between technological and moral developments in the field of genetic susceptibility screening. The first step is a historical account of population screening, focussing on the ways in which emerging practices of (genetic) screening have been mediated by an evolving moral landscape in our society. Based on this history we present a techno-ethical scenario of the future, showing how technological developments may shape conditions in our society in which the introduction and use of genetic susceptibility tests more and more become a matter of private decisions, reinforcing claims to individual self-determination as a deeply rooted value in the moral landscape of our society.     

Dynamic price competition

We consider the model of price competition for a single buyer among many sellers in a dynamic environment. The surplus from each trade is allowed to depend on the path of previous purchases, and as a result, the model captures phenomena such as learning by doing and habit formation in consumption.We characterize Markovian equilibria for finite and infinite horizon versions of the model and show that the stationary infinite horizon version of the model possesses an efficient equilibrium where all the sellers receive an equilibrium payoff equal to their marginal contribution to the social welfare.     

The Paradox of Openness: How Product and Patenting Experience Affect R&D Sourcing in China?

External R&D sourcing may help firms compete in an environment characterized by rapid technological changes. Yet, prior studies have produced conflicting findings on how a firm's technological experience affects the extent to which the firm engages in external R&D sourcing. Although many highlight that firms with extensive technological experience are equipped with more technological knowledge, collaborative skills, and absorptive capacity, encouraging greater levels of external R&D, others suggest the opposite due to potential exchange hazards and partnership conflicts. Adopting an external partner's perspective, the current study reconsiders this “paradox of openness” by analyzing how a focal firm's product experience and patenting experience affect an external partner's tendency to provide external R&D services to the focal firm. Specifically, this study explore how a focal firm's knowledge protectiveness and tacitness embedded in its product and patenting experience influences the external partners' motivation for knowledge transfer. This study predicts that a firm's product experience increases the focal firm's external R&D sourcing because it provides high levels of knowledge tacitness and external openness and can encourage external partners to share and exchange knowledge with the focal firm. In contrast, a firm's patenting experience decreases the focal firm's external R&D sourcing because it denotes knowledge explicitness and protectiveness and may discourage external partners to share and exchange knowledge with the focal firm. This study further predicts that patenting experience has a negative moderating effect on the relationship between product experience and external R&D sourcing. Using a data set of 575 high‐tech firms in China, this study finds support for our predictions. Our findings contribute to the growing literature on the knowledge‐based view and technology entrepreneurship in emerging markets.     

Knowing me, knowing you: : Trader anonymity and informed trading in parallel markets

In this paper we empirically analyze whether the degree of trader anonymity is related to the probability of information-based trading. We use data from the German stock market where non-anonymous traditional floor based exchanges co-exist with an anonymous computerized trading system. We use an extended version of the Easley et al. (J. Finance 51 (1996) 1405) model that allows for simultaneous estimation for two parallel markets. We find that the probability of informed trading is significantly lower in the floor based trading system. We further document that the size of the spread and the adverse selection component are positively related to the estimated probabilities of information-based trading.