Cooling-Off Periods in the Consumer Laws of the EC Member States. A Comparative Law and Economics Approach

Lawyers tend to see cooling-off periods in consumer laws as a remedy for the problems caused by unequal bargaining power between sellers of goods and consumers. This article takes a different approach and argues that cooling-off periods can be seen as efficiency-enhancing devices. From an economic point of view, cooling-off periods provide a remedy for irrational behaviour on the part of consumers and may cure market failures, in particular problems caused by situational monopolies and asymmetric information. In spite of these important benefits, the economic approach also warns against possible disadvantages. The latter range from a moral hazard problem on the side of the consumer to the adverse counter-productive effects of cooling-off periods. A legislator who is informed by economic analysis may design cooling-off periods in ways that maximise their ability to cure inefficiencies and at the same time minimise their potential detrimental effects. Unfortunately, the relevant EC Directives and the current consumer laws of the Member States are not in perfect harmony with an efficiency enhancing-approach.     

New Product Success: Is It Really Controllable by Managers in Highly Turbulent Environments?

This research proposes and tests a model of direct and indirect effects linking four antecedents to new product success: (1) a proactive strategic orientation along with enabling (2) organic organizational structures should lead to more (3) innovativeness and (4) market intelligence. Innovativeness and market intelligence should in turn lead to greater new product success. The relationships among the four antecedents are not hypothesized to be moderated by environmental turbulence because their domain is intraorganizational. However, the relationships from intraorganizational constructs to new product success are hypothesized to be moderated by environmental turbulence because success depends in part on the environment in which the new product must compete. The model was tested using a sample composed of 202 small business units of manufacturers on the Fortune 500. The sample was heavily involved in new product development: Their average annual research and development budget was $360.4 million, and approximately 8.2% of sales came from products introduced in the last five years. A two-group structural equation model analysis supports the moderation model overall and reveals the pattern of direct, indirect, and total effects. The results show that innovativeness (but not market intelligence) directly predicts new product success when turbulence is high, whereas market intelligence (but not innovativeness) directly engenders new product success in low turbulence. Environmental turbulence also affects the total indirect impact of strategy proactiveness and organizational organicity on new product success. These indirect effects operate through innovativeness and market intelligence as complete mediators.     

The Best Teacher I Ever Had

Teaching Business Ethics -     

Proof of nonparticipation in a price fixing conspiracy

When a group of firms colludes on price, the industry price will rise even when there are some firms that do not participate in the conspiracy. If the government or private parties file antitrust suits, the noncolluders face the problem of establishing their innocence since their prices rise along with those of the colluders. We propose a simple output test. Under various models of oligopoly pricing—Bertrand, Cournot, and Stackelberg—we show that the colluders restrict their output while the noncolluders take advantage of the higher price by expanding their outputs. Thus, distinguishing between colluders and noncolluders involves simply observing the output behavior of the industry members.The authors appreciate the support of the Public Policy Research Center at the University of Florida. We regret that B&R Associates is purely imaginary as is the industry.     

Management Roles and Sustainability Information. Exploring Corporate Practice

Little empirical research has been conducted on perceptions of the types of sustainability information dealt with by different managers in internal company processes. In this study the roles of different managers are distinguished based on contingency theory and using the categorisation in the sustainability balanced scorecard concept. Expected sustainability information types are identified for these roles and hypotheses are derived and tested about perceptions of the types of sustainability information in different management roles. Interviews identified 116 roles involved with sustainability information in a set of leading German and UK sustainability reporting companies. Results from analysing sustainability information types contingent upon different management roles contribute to the understanding of sustainability accounting systems and practices and how companies can best support different management roles with appropriate sustainability information.