Abstract
To enforce compliance, regulators often choose between announced or unannounced (surprise) inspections. We analyze the impact of these inspection regimes on firms’ compliance choices in a multiple stage oligopoly game of quantity competition with endogenous compliance, monitoring and avoidance. In equilibrium, whether unannounced inspections achieve a higher level of compliance than announced inspections depends on the number of firms, demand and the cost of compliance. Furthermore, the impact on compliance of increasing the fine, the supervisor’s wage or the probability of inspections also depends on market size and structure and may be non-monotonic. Finally we provide conditions under which a welfare maximizing regulator will prefer an unannounced to an announced regime. Thus, our results suggest that when choosing the appropriate inspection regime, regulators should account for market characteristics, especially if compliance maximization is the objective.
A Appendix
A.1 Proof of Proposition 1
Under announced inspections, avoidance
The signs of the comparative statics derivatives follow from deriving
A.2 Proof of Lemma 1
The equilibrium prices, quantities and profits follow from the application of well-known Cournot equilibrium results. Specifically firm i ’s output is
and profit is
Assuming that all firms are active in the Cournot equilibrium, in the first stage, firm i chooses
Given an inspection regime
The FOC for an interior solution to profit maximization with respect to
The SOC is
Therefore,
In a symmetric equilibrium,
After some algebra we obtain
which implies
The expressions for a firm’s equilibrium output and profit follow from straightforward calculations and are standard expressions for a Cournot equilibrium.
A.3 Deriving Assumption 2
We show that Assumption 2 guarantees that the second-order condition for the firm’s compliance maximization problem is satisfied and that it is sufficient to ensure an interior equilibrium in compliance. The second-order condition for the firm’s profit maximization with respect to compliance is
Noting that
then the second-order condition is also satisfied. This last inequality is simply Assumption 2.
Next
The above condition simplifies to,
Since the LHS of the above expression is strictly decreasing in N, N≥ 1, and once again using the fact that
A.4 Proof of Proposition 2
From Proposition 1, we have
Define
Now suppose
Isolating α shows that (7) holds if and only if
It is straightforward to verify that
It follows that if (7) is not satisfied at N = 2, then it is not satisfied at any N. Hence, if α < A(2), announced inspections yield higher strictly compliance regardless of the number of firms. Moreover, for finite N, we have
A.5 Proof of Proposition 3
The equilibrium level of compliance
Viewing the enforcement burden as a variable g, where
If
Now suppose
where
The second case is when (8) is not satisfied at N = 2 or
A.6 Proof of Lemma 2
In the proof, we omit the ρ subscript in
Differentiating with respect to g yields
Substituting the expressions for
The first term is clearly negative. The term in the square bracket is non-positive if and only if
which always holds because
and N≥ 2. It follows that if
Now turning to the case where the harm falls on third parties, the market surplus is given by
Then we have
Setting g = 0 and simplifying yields
Clearly, the first term is negative while the second term is positive. Solving this expression for h yields the
A.7 Proof of Proposition 4
First we show that R(r′) exists, is unique and R(r′) ≤r′. Fix (f,σ) and r = r′ such that
Now setting R(r′) = y proves the claim.
Second, note that all but the last term of the welfare functions depend on (f,r,σ) only through
Since
Using the expressions for
After substituting the above expression for
It follows that announced inspections yield higher welfare only if this last condition holds. Hence if
We solve the model for the special case
For this probability of detection, we obtain
Now set r equal to r′ under announced inspections and fix (f,σ). Define
Therefore the inequality in Proposition 4 always holds and announced inspections cannot be optimal in this case.
Acknowledgements
We would like to thank an anonymous referee, Andrew Daughety, Valentina Dimitrova-Grajzl, Jennifer Reinganum, Kathy Spier, Tracy Lewis and Joel Watson for their useful suggestions, as well as participants at the Law and Economic Theory Conference (Berkeley, 2014), Southern Economic Association Meetings (Atlanta, 2014), the Public Economic Theory conference (Seattle, 2014) and in seminars at Haverford College, Oberlin College and the University of Pennsylvania for helpful comments. Ha Nguyen provided valuable research assistance.
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