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The Market, The Firm, And Behavioral Antitrust, Avishalom Tor
The Market, The Firm, And Behavioral Antitrust, Avishalom Tor
Book Chapters
This Handbook chapter examines the main distinct concerns facing the application of empirical behavioral evidence to antitrust law and economics—also known as “behavioral antitrust.” More than many (though not all) other legal fields, antitrust law is primarily concerned with the conduct of firms in markets rather than in individual behavior per se. Yet much of the empirical evidence that behavioral antitrust draws on concerns individual behavior outside the firm, often in nonmarket settings. Hence besides adducing additional, direct empirical evidence on behavioral phenomena within firms and markets, there is a need to determine when and how the behavioral evidence on …
Some Challenges Facing A Behaviorally-Informed Approach To The Directive On Unfair Commercial Practices, Avishalom Tor
Some Challenges Facing A Behaviorally-Informed Approach To The Directive On Unfair Commercial Practices, Avishalom Tor
Book Chapters
The Directive on Unfair Commercial Practices seeks to protect consumers by prohibiting, inter alia, misleading practices, which are defined as practices that are likely to mislead the average consumer and thereby likely to cause him to take a transactional decision he would not have taken otherwise (Directive 2005/29/ EC of the European Parliament and of the Council). While determinations of what constitutes average consumer behavior, what misleads consumers, or how consumers make transactional decisions all can be made as a matter of law, based on anecdotal observations, intuitions or theoretical assumptions, an empirical behavioral foundation can put consumer law on …
The Methodology Of The Behavioral Analysis Of Law, Avishalom Tor
The Methodology Of The Behavioral Analysis Of Law, Avishalom Tor
Journal Articles
This article examines the behavioral analysis of law, meaning the application of empirical behavioral evidence to legal analysis, which has become increasingly popular in legal scholarship in recent years. Following the introduction in Part I, this Article highlights four central propositions on the subject. The first, developed in Part II, asserts that the efficacy of the law often depends on its accounting for relevant patterns of human behavior, most notably those studied by behavioral decision scientists. This Part therefore reviews important behavioral findings, illustrating their application and relevance to a broad range of legal questions. Part III then argues that …