N.J. Philipsen

Curbing Consumer Financial Losses: The Economics of Regulatory Enforcement

This article deals with the question of how a high level of compliance with consumer protection legislation designed to prevent financial losses can be secured. We use a theoretical framework based on economic analysis of law to address some of the key policy options, such as proactive and reactive monitoring, providing officials with postdetection enforcement discretion, administrative, civil, and criminal sanctions, and facilitating actions by victims and third parties. On the basis of our theoretical framework and a classification of jurisdictions into different groups (models of enforcement policy), we identify some key elements of an enforcement regime and indicate in what circumstances a particular solution can be expected to be more or less cost effective.

The Regulation of Pharmacists in Belgium and the Netherlands: In the Public or Private Interest?

The regulation of pharmacists in Belgium and the Netherlands is analysed in order to test the rent-seeking hypothesis put forward in the private interest literature. Both the self-regulation issued by the professional bodies and public regulations are examined. It appears that many regulations in both countries either restrict the entry into the profession or restrict competition within the profession. A qualitative comparative analysis of these regulations in both countries is presented as well as some empirical findings. The economic analysis and the empirical data seem to give some support to the rent-seeking hypothesis.

Network structure of scientific collaborations between China and the EU member states

Collaborations between China and the European Union (EU) member states involve not only connections between China and individual countries, but also interactions between the different EU member states, the latter of which is due also to the influence exerted by the EU’s integration strategy. The complex linkages between China and the EU28, as well as among the 28 EU member states, are of great importance for studying knowledge flows. Using co-authorship analysis, this study explores the changes of the network structure between 2000 and 2014. Our results show that EU member states with middle- or low- scientific capacities, in particular those who joined the EU after 2000, have been actively reshaping the network of scientific collaborations with China. The linkages between middle- and low- scientific capacity countries have been tremendously strengthened in the later years. The network positional advantage (measured by the degree of betweenness centrality) has shifted from a few dominant nations to a wider range of countries. We also find that countries like Belgium, Sweden and Denmark are in important positions connecting the relatively low-capacity ‘new’ EU member states with China. The ‘new’ EU member states—that have relatively low scientific capacity—intend to cooperate with China jointly with ‘old’ EU member(s).

Regulation of Pharmacists: A Comparative Law and Economics Analysis

This paper discusses the regulation of pharmacists from an economic perspective, focusing on licensing, price and fee regulation, advertising restrictions and rules on exercise of the profession, and restrictions on business structure. A comparative overview is presented of the most common forms of regulation of pharmacists that are found today in the EU (and to some extent Canada, China and the US) and to investigate whether there is an economic rationale for these rules. Despite the rather strict regulatory frameworks found in all of these jurisdictions, in various countries there is a discussion on how to improve or increase the level of pharmaceutical care. The author suggests in that respect that changes in the reimbursement system may provide a better solution than stricter entry or conduct requirements.

Industrial Accidents and Occupational Diseases: Some Empirical Findings for the Netherlands, Belgium, Germany & Great Britain

This paper, which has been composed within the framework of the’ shifts in Governance’ project, contains an impression of first empirical data that was collected on industrial accidents and occupational diseases in four European countries: The Netherlands, Belgium, Germany and Great Britain. The analysis so far is modest: We just looked for data on the incidence and scope of work injury in those countries. In a next phase these data could be used to analyse the effectiveness of various compensation systems, such as tort law and private insurance on the one hand and no-fault compensation funds and social security on the other. This paper addresses seemingly simple questions, such as: what exactly are the sources of compensation for work injury in each of those countries? And how much do these sources of compensation pay out in cases of industrial accidents or occupational diseases? It will be very difficult, however, to answer these questions, as in all four countries under review here the compensation system consists of several different layers.

No Cure, No Pay and Contingency Fees

This unique and timely book analyses the problem of financing civil litigation. The expert contributors discuss the legal possibilities and difficulties associated with several instruments – including cost shifting, fee arrangements, legal expense insurance and group litigation.

Prevention and Compensation of Work Injury in the United States: An Overview of Existing Empirical Evidence

This paper has been composed within the framework of the ‘Shifts in Governance’ project, financed by the Netherlands Association for Scientific Research (NWO). It reviews past empirical research on personal injury compensation systems, most of which has been conducted in the United States. This paper focuses on work injury, taking a law and economics perspective.

The Law and Economics of Professional Regulation: What Does the Theory Teach China?

This book comprises contributions on recent developments in China from a law and economics perspective. For the first time Chinese and European scholars jointly discuss some important attributes of China’s legal and economic system, and some recent problems, from this particular viewpoint.

Market Integration : The EU Experience and Implications for Regulatory Reform in China

This book examines the relationship between regulation and market integration, with a special focus on China. It pursues a Law and Economics and Comparative Law approach (China and EU) to analyze the current obstacles to market integration and domestic economic growth in China. Topics covered at the national level include competition law, public procurement rules and financial regulation. At the regional and local level, this book addresses questions related to administrative monopolies, self-regulation, legal services markets, and environmental law

Regulatory reform in China and the EU: comparative and concluding remarks: A Law and Economics Perspective

With the Chinese government planning a comprehensive and detailed reform of regulatory law, the European experience is likely to contribute significantly. This timely book analyses comparative Chinese and EU regulatory reform from a Law and Economics perspective.