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Book part
Publication date: 1 October 2007

Mattias Ganslandt and Keith E. Maskus

The existence of parallel imports (PI) raises a number of interesting policy and strategic questions, which are the subject of this survey article. For example, parallel trade is…

Abstract

The existence of parallel imports (PI) raises a number of interesting policy and strategic questions, which are the subject of this survey article. For example, parallel trade is essentially arbitrage within policy-integrated markets of IPR-protected goods, which may have different prices across countries. Thus, we analyze fully two types of price differences that give rise to such arbitrage. First is simple retail-level trade in horizontal markets because consumer prices may differ. Second is the deeper, and more strategic, issue of vertical pricing within the common distribution organization of an original manufacturer selling its goods through wholesale distributors in different markets. This vertical price control problem presents the IPR-holding firm a menu of strategic choices regarding how to compete with PI. Another strategic question is how the existence of PI might affect incentives of IPR holders to invest in research and development (R&D). The global research-based pharmaceutical firms, for example, strongly oppose any relaxation of restrictions against PI of drugs into the United States, arguing that the potential reduction in profits would diminish their ability to innovate. There is a close linkage here with price controls for medicines, which are a key component of national health policies but can give rise to arbitrage through PI. We also discuss the complex economic relationships between PI and other forms of competition policy, or attempts to limit the abuse of market power offered by patents and copyrights. Finally, we review the emerging literature on how policies governing PI may affect international trade agreements.

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Intellectual Property, Growth and Trade
Type: Book
ISBN: 978-1-84950-539-0

Abstract

Following the Supreme Court’s 1988 decision in Basic, securities class plaintiffs can invoke the “rebuttable presumption of reliance on public, material misrepresentations regarding securities traded in an efficient market” [the “fraud-on-the-market” doctrine] to prove classwide reliance. Although this requires plaintiffs to prove that the security traded in an informationally efficient market throughout the class period, Basic did not identify what constituted adequate proof of efficiency for reliance purposes.

Market efficiency cannot be presumed without proof because even large publicly traded stocks do not always trade in efficient markets, as documented in the economic literature that has grown significantly since Basic. For instance, during the recent global financial crisis, lack of liquidity limited arbitrage (the mechanism that renders markets efficient) and led to significant price distortions in many asset markets. Yet, lower courts following Basic have frequently granted class certification based on a mechanical review of some factors that are considered intuitive “proxies” of market efficiency (albeit incorrectly, according to recent studies and our own analysis). Such factors have little probative value and their review does not constitute the rigorous analysis demanded by the Supreme Court.

Instead, to invoke fraud-on-the-market, plaintiffs must first establish that the security traded in a weak-form efficient market (absent which a security cannot, as a logical matter, trade in a “semi-strong form” efficient market, the standard required for reliance purposes) using well-accepted tests. Only then do event study results, which are commonly used to demonstrate “cause and effect” (i.e., prove that the security’s price reacted quickly to news – a hallmark of a semi-strong form efficient market), have any merit. Even then, to claim classwide reliance, plaintiffs must prove such cause-and-effect relationship throughout the class period, not simply on selected disclosure dates identified in the complaint as plaintiffs often do.

These issues have policy implications because, once a class is certified, defendants frequently settle to avoid the magnified costs and risks associated with a trial, and the merits of the case (including the proper application of legal presumptions) are rarely examined at a trial.

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The Law and Economics of Class Actions
Type: Book
ISBN: 978-1-78350-951-5

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Book part
Publication date: 22 March 2022

Roland Eisenhuth and David Marshall

The economic doctrine of market efficiency plays an essential role in securities fraud litigation. In lawsuits alleging violations of SEC Rule 10b-5, the plaintiffs typically must…

Abstract

The economic doctrine of market efficiency plays an essential role in securities fraud litigation. In lawsuits alleging violations of SEC Rule 10b-5, the plaintiffs typically must argue that the market for the relevant security is efficient, and therefore that the “fraud on the market” doctrine applies. However, the term “market efficiency” is often applied imprecisely. In this chapter, we discuss properties of efficient markets that have been proposed in academic research, legal scholarship, and case law. We explore what must be assumed about capital markets for each of these properties to hold. We then ask how, in practice, each property could be rebutted.

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The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring
Type: Book
ISBN: 978-1-80262-002-3

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Book part
Publication date: 27 June 2017

Ralph McKinney, Lawrence Shao, Dale Shao and Marjorie McInerney

The success of mergers and acquisitions are contingent upon organizational operations, legal structures, and fiscal responsibilities. Each of these areas requires a proper mix of…

Abstract

The success of mergers and acquisitions are contingent upon organizational operations, legal structures, and fiscal responsibilities. Each of these areas requires a proper mix of human capital – people – assigned to carry out the objectives and goals of the emerging entity. Within the general knowledge of Mergers and acquisitions (M&As), research focusing upon these aspects of human capital have been lacking. This chapter adds to the current knowledge of M&A human resources by establishing a framework that can direct future research.

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Advances in Mergers and Acquisitions
Type: Book
ISBN: 978-1-78714-693-8

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Book part
Publication date: 12 September 2003

Bart J. Bronnenberg and Paulo Albuquerque

A significant portion of academic research on marketing strategy focuses on how national brands of repeat-purchase goods are managed or should be managed. Surprisingly little…

Abstract

A significant portion of academic research on marketing strategy focuses on how national brands of repeat-purchase goods are managed or should be managed. Surprisingly little consideration is given in this tradition to the extended role of geography, i.e. distance and space. For instance, manufacturers of brands in non-durable product categories are well aware of the fact that their national brands perform very different across domestic U.S. markets. This holds even for product categories with limited product differentiation. In this chapter, we outline various processes through which the influence of geography on performance of national brands materializes. We discuss a number of alternative explanations for the emergence and sustenance of spatial concentration of market shares. Several of these explanations are modeled empirically using data from the United States packaged goods industry. This chapter closes with avenues for further academic research on spatial aspects of the growth of new products.

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Geography and Strategy
Type: Book
ISBN: 978-0-76231-034-0

Book part
Publication date: 9 July 2010

Ezra W. Zuckerman

In this postscript, I argue that a sociological approach to regulating securities markets requires a clear stance on the relationship between price and value, one that combines…

Abstract

In this postscript, I argue that a sociological approach to regulating securities markets requires a clear stance on the relationship between price and value, one that combines (a) the contrarian thesis that there are objective criteria by which one can assess value more accurately than the current market price; (b) the constructionist thesis that prices are governed by commonly known beliefs that can vary substantially from the objective reality they purport to reflect; and (c) the realist thesis that the market comprises powerful mechanisms (arbitrage and learning) that, when working properly, close the gap between the contrarian's private belief and common knowledge, thus producing reasonable prices. This integrated “rationalist” perspective understands the real estate bubble as the product of institutional conditions that fostered pluralistic ignorance regarding the extent of bearish sentiment. Regulatory prescriptions focus on support for transparent pricing and a relative evenhandedness in the institutional support provided for bulls/optimists and bears/pessimists.

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Markets on Trial: The Economic Sociology of the U.S. Financial Crisis: Part B
Type: Book
ISBN: 978-0-85724-208-2

Book part
Publication date: 27 June 2014

Xin Li and Hany A. Shawky

Good market timing skills can be an important factor contributing to hedge funds’ outperformance. In this chapter, we use a unique semiparametric panel data model capable of…

Abstract

Good market timing skills can be an important factor contributing to hedge funds’ outperformance. In this chapter, we use a unique semiparametric panel data model capable of providing consistent short period estimates of the return correlations with three market factors for a sample of Long/Short equity hedge funds. We find evidence of significant market timing ability by fund managers around market crisis periods. Studying the behavior of individual fund managers, we show that at the 10% significance level, 17.12% of funds exhibit good linear timing skills and 21.32% of funds possess some level of good nonlinear market timing skills. Further, we find that market timing strategies of hedge funds are different in good and bad markets, and that a significant number of managers behave more conservatively when the market return is expected to be far above average and more aggressively when the market return is expected to be far below average. We find that good market timers are also likely to possess good stock selection skills.

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Signs that Markets are Coming Back
Type: Book
ISBN: 978-1-78350-931-7

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Understanding Financial Stability
Type: Book
ISBN: 978-1-78756-834-1

Book part
Publication date: 29 January 2024

M. Chandrakala and Raja Kamal Ch

The field of behavioural finance analyses the effects of mental factors on financial decisions including risk. If you want to know how people think about money and investments…

Abstract

The field of behavioural finance analyses the effects of mental factors on financial decisions including risk. If you want to know how people think about money and investments, you need to study behavioural finance. People’s attitudes about investing were uncovered through this study. Hence, their views on financial investing. Overconfidence, perception, representative, anchoring cognitive dissonance, regret aversion, limited framing, and mental accounting are only few of the behavioural finance concepts that are discussed in this article, along with their effects on stock market investor decision making. In order to poll 181 Bangalore investors, we employed a conventional questionnaire. The primary focus was on learning how behavioural financing influences investors and their investment choices. Our secondary objective was to study behavioural finance and investor psychology.

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Digital Technology and Changing Roles in Managerial and Financial Accounting: Theoretical Knowledge and Practical Application
Type: Book
ISBN: 978-1-80455-973-4

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The Creation and Analysis of Employer-Employee Matched Data
Type: Book
ISBN: 978-0-44450-256-8

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