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all lectures of Government law and regulation

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all lectures of the courses government law and regualtion are summarized in this word file

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Uploaded on
September 15, 2021
Number of pages
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Written in
2020/2021
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Class notes
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Matteo gargantini
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Lecture 1 Market Failures and Market Regulation

 Definition of regulation by the OECD : “imposition of rules by government, backed by the use of penalties
that are intended specifically to modify the economic behavior of individuals and firms in the private sector”
 So, regulation makes use of a set of legal tools to achieve pre-defined socio-economic goals
A (blurred, and not very useful) taxonomy:
• Economic regulation
• Social regulation
 Social regulation involves the correction of externalities
Typical examples:
• environmental controls
• health and safety regulations
• restrictions on labeling and advertising
essential steps of regulation

a. Identifying a desirable state of the world
b. Comparing the state of the world with that benchmark  identifying a market failure
c. Defining possible strategies to address the market failure
d. Selecting the best strategy (including option zero): impact assessment (cost-benefit analysis)
e. Implementing and enforcing the preferred strategy
f. Measuring outcomes / reviewing (back to “a”)
Broadly speaking, “regulation” includes:

• Rule-making (laws; regulations)
• Supervision: oversight of firms’ behavior by an administrative entity
• Enforcement: discovering, deterring, rehabilitating, or punishing people who violate rules they are subject to
Two ways to look at economic regulation
a) Rules as an input: determinants of market dynamics
b) Rules as an output: the market for regulation
c)
Do we need to regulate? And what is an economists dream




short run adjustment

,Long run




Surplus maximisation How common is perfect competition ?




Monopolistic competition short run




Monopolistic competition long run

,Cheap or cool?  a trade-off
• Not really a Nirvana, then…
• However, consumer choice is also valuable, and an incentive to technological development
• So, still the best of possible benchmarks
Market failures
• In the competition paradigm, the allocation of scarce resources is determined by price mechanisms
• Marginal values/prices (tend to) correspond to marginal costs: allocating less or more resources would be
inefficient for the society
• Market failures prevent markets from properly
performing this allocative function
Market dominance 

Determinants of market concentrations

• Economies of scale
o Average costs decreasing with production
• Network effects
o Attracting critical masses
• Abusive barriers to entry
o Margin squeeze; advertisements
• Legal barriers
o Licensing: see below


Natural monopolies 

Asymmetric information

• Moral hazard
o Insurance contracts
o Distorted managerial incentives (and frauds)
• Adverse selection
o Why is insider trading prohibited?
o The cost of capital (SME Growth Markets)

Collective action problems

, • Dominant strategies, Nash equilibria and suboptimal outcomes
o Bank runs
o Inefficient (re)allocation of corporate
control
o Public goods



Positive externalities
• Underproduction of goods and services
o Painting your house façade and dressing
elegantly
o Vaccinations
o Audit services
Negative externalities
• Overproduction of goods and services
o Pollution
o Bans, taxation, and transactions
costs
o Limited liability (shares as put
options) and excessive risk-taking

Bounded rationality
• Sometimes, heuristics, shortcuts, and
biases can drive market participants’
choices
• Examples are countless, let us just consider a few:
o Overconfidence
o Framing
o Endowment effect (risk aversion)
o Anchoring
o Groupthink
o Confirmation bias
o Survivorship bias
Market mimicking
• Market failures deviate markets from their physiological dynamics
o In some cases, the deviation is so pervasive that the market is missing
o E.g. externalities and public goods
• The aim of regulation is to restore:
o Market functioning, where possible; or
o A market-mimicking outcome, otherwise
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