Abstract
This paper considers product recall under a perfect regime of strict liability. We show that safety is under supplied given output due to an under internalization of infra-marginal units. If we add a mandatory refund with a possible penalty fee in the event that the product turns out to be unsafe, then while the price increases, there is no change in the allocation, utility, profit or total welfare. The recall procedure is then neutral. We then extend the model to examine optimal fines and minimum output taxes, endogenous proclivity to return a product, endogenous decision to sue in the event of damage and the effects of having the consumer under estimate expected damages.
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Notes
See Day and Schlesinger (2017).
See Pillay (2014).
The condition \(u^{\prime \prime }q+u^{\prime }>0\) will imply that marginal revenue is positive in q. The condition \(u^{\prime \prime \prime }q+2u^{^{\prime \prime }}<0\) will imply that marginal revenue is decreasing in q. These are satisfied, for example, by the function \(u(q)=q^{\alpha },\) for \(\alpha \in (0,1).\)
All of the results to follow also hold for the case where production cost takes the more general form \(c=c(q,h)\) and where c satisfies \( c_{h},c_{q},c_{hh},c_{hq}>0,\) \(c_{qq}\geqq 0,c_{h}(h,0)=0,\)and \(c_{h}\) convex in q, given h.
In the “Appendix”, we consider the numerical example termed (NE), where \( u(q)=q^{\alpha }\), \(\alpha \in (0,1)\), and \(c(h)=\{Ln[1/(1-h)]-h\}.\) We show that (SOC) (iii) for profit maximization is met, if \(\alpha >.5\)
In the “Appendix”, we consider the numerical example termed (NE), where \( u(q)=q^{\alpha }\), \(\alpha \in (0,1)\), and \(c(h)=\{Ln[1/(1-h)]-h\}.\) We show that (SOC) (iii) for social optimality is met, if \(\alpha >.5\)
We will ignore the relatively minor costs of this screening process.
While the contingent lump sum fine does not affect the inverse demand it does increase the level of consumer surplus, as noted above.
As in the above analysis of cost increases, the envelope theorem does not apply to h for the consumer, because the firm picks h so as to maximize profit, and this is endowed on the consumer.
Another strategy would be for the regulator to try to implement a second best by choosing a fine so as to maximize total surplus and allowing the firm to choose h and q so as to maximize profit. This requires the same information set as our fine combined with a minimum output tax and it does not maximize welfare.
Data from the CPSC indicates that the percentage of consumers deciding not to return a recalled item averages at about 35% in recent years. See Day and Schlesinger (2017).
We think of L as a real deadweight cost to the consumer as opposed to a payment to a second party (lawyer) which would enter back into consumer welfare.
References
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I thank my colleagues Odilon Camara and Joao Ramos and Yanhui Wu. I also thank the Marshall School of Business for generous research support. Benefit was derived from two anonymous referees and the editor.
Appendix
Appendix
Numerical example (NE). Let \(u(q)=q^{\alpha }\), \(\alpha \in (0,1)\), and \(c(h)=\{Ln[1/(1-h)]-h\}.\)
1.1 The (SOC) for profit maximization
The second order condition (SOC) (iii) for profit maximization simplifies to
From (FOC) (3), \(q^{\alpha -1}=\frac{1}{\alpha H}(\frac{h}{1-h}-(r+HD)).\) Substituting this expression for \(q^{\alpha -1}\) into the specialized (SOC), the (SOC) becomes
This condition is met if, for example, \(\alpha >0.5,\) by \(\hat{h} >h \) and \(H(1-h)\in (0,1).\)
1.2 The (SOC) for welfare maximization
The (SOC) (iii) for welfare maximization is
Use (FOC) (5) to substitute for \(q^{\alpha -1}=\frac{1}{H}(\frac{h}{1-h} -(r+HD)),\) and the (SOC) is
The latter condition is met if \(\alpha >0.5,\) by \(\hat{h}>h\) and \( H(1-h)\in (0,1).\)
Proof of Proposition 2:
From Proposition 1, it is clear that the recall procedure is neutral. The firm’s profit is \(\pi (h,q)=\hat{h} u^{\prime }(q)q-c(h)q-(1-h)(HD+r)q,\) with (FOC)
We have that \(\pi _{qq}=\hat{h}(u^{\prime \prime \prime }(q)q+2u^{\prime \prime }(q))<0,\pi _{hh}=-c^{\prime \prime }q<0,\) and \(\pi _{hq}=H(u^{\prime \prime }(q)q+u^{\prime }(q))-c^{\prime }(h)+(HD+r).\) Using the local condition \(\pi _{h}=0,\) \(\pi _{hq}=Hu^{\prime \prime }(q)q<0.\) We assume that the Hessian \(|\Delta |\) \(=-\hat{h}(u^{\prime \prime \prime }(q)q+2u^{\prime \prime }(q))c^{\prime \prime }(h)q-(Hp^{\prime }q)^{2}>0,\) so that the local SOC are met. Employing the usual comparative static techniques,
The social welfare function is \(W(h,q)\ =\hat{h}\int \limits _{0}^{q}u^{ \prime }(z)dz-c(h)q-(1-h)(HD+r)q,\) and the (FOC) for social optimality are
The second order derivatives of social welfare are \(W_{qq}=\hat{h}u^{\prime \prime }(q)<0,W_{hh}=-c^{\prime \prime }(h)q<0,\) and \(W_{hq}=Hu^{\prime }(q)-c^{\prime }(h)+(HD+r).\) Using \(W_{h}=0,\) \(W_{hq}=-HS(q)/q<0.\) Assuming that the relevant Hessian determinate is positive, \(|\Delta ^{o}|\) \(=\) \(- \hat{h}u^{\prime \prime }(q)c^{\prime \prime }(h)q-(\frac{HS(q)}{q})^{2}>0,\) \(\partial q/\partial i=(1/|H^{o}|)[-(1-h)c^{\prime \prime }(h)q-S(q)]<0\)
The remainder of the proof is contained in the text. \(\square \)
Proof of Proposition 3:
From Proposition 1, it is clear that the recall procedure is neutral. Consider the contingent lump sum fine first. The firm’s expected profit is \(\pi (h,q)=\hat{h}u^{\prime }(q)q-c(h)q-(1-h)HDq-(1-h)F,\) and the (FOC) for profit maximization are
The under supply of q given h and h given q are apparent from these conditions. The SOC are similar to the original problem with \(\pi _{qq}=\hat{ h}(u^{\prime \prime \prime }(q)q+2u^{\prime \prime }(q))<0,\pi _{hh}=-c^{\prime \prime }(h)q<0,\) and, using \(\pi _{h}=0,\) \(\pi _{hq}=(Hu^{\prime \prime }(q)q-\frac{F}{q})<0.\) Note that that q and h are again substitutes. As before we assume that the relevant Hessian, denoted \(\hat{\Delta },\) has a positive determinate: \(|\hat{\Delta }|\) \(=(\hat{ h}(u^{\prime \prime \prime }(q)q+2u^{\prime \prime }(q)))(-c^{\prime \prime }(h)q)-(Hu^{\prime \prime }(q)q-\frac{F}{q})^{2}>0.\) Using the usual comparative static techniques on the (FOC) we obtain \(\partial q/\partial F= \frac{1}{|\hat{\Delta }|}(Hu^{\prime \prime }(q)q-\frac{F}{q})<0\) and \( \partial h/\partial F=\frac{-\hat{h}(u^{\prime \prime \prime }(q)q+2u^{\prime \prime }(q))}{|\hat{\Delta }|}>0.\) Finally, it is clear that the social optimum is unaffected by the lump sum fine.
Social welfare under the contingent lump sum fine is given by consumer surplus, \([\hat{h}S(q)+(1-h)F],\) plus profit, \([\hat{h}u^{\prime }(q)q-c(h)q-(1-h)HDq-(1-h)F].\) At the profit maximal solution, the direct impact on profit of a change F is \(-(1-h^{*})<0,\) by the envelope theorem. The change in consumer surplus is given by \(\frac{\partial (\hat{h }^{*}S(q^{*})+(1-h^{*})F)}{\partial h^{*}}\frac{\partial h^{*}}{\partial F}+\frac{\partial (\hat{h}^{*}S(q^{*}))}{ \partial q^{*}}\frac{\partial q^{*}}{\partial F}=(HS(q^{*})-F) \frac{\partial h^{*}}{\partial F}+[-\hat{h}^{*}u^{\prime \prime }(q^{*})q^{*}]\frac{\partial q^{*}}{\partial F}\), where \(\frac{ \partial h^{*}}{\partial F}>0\) and \(\frac{\partial q^{*}}{\partial F} <0.\) The first term is indeterminate and the second is negative. Thus, the effect is indeterminate. The overall effect on welfare of a change in F is
where the second and third terms are negative and the first is indeterminate.
A per unit fine f generates expected profit \(\pi (h,q)=\hat{h}u^{\prime }(q)q-c(h)q-(1-h)(f+HD)q.\) This is analogous to the introduction of recall costs from Proposition 2. The (FOC) to the firm’s profit maximization problem are
The under supply of q given h and h given q are apparent from these conditions. The second order conditions and the Hessian are identical to the case of recall costs. We have
where \(|\Delta |\) \(=-\hat{h}(u^{\prime \prime \prime }(q)q+2u^{\prime \prime }(q))c^{\prime \prime }(h)q-(Hu^{\prime \prime }(q)q)^{2}>0.\) Because the revenue from the per unit fine is lump sum transferred to the consumer, the social optimal allocation is not affected.
The effects on profit and consumer surplus of a change in f are shown in the text. \(\square \)
The overly optimistic consumer: profit maximization and social welfare. Maximization of (17) over a choice of h and q, respectively, yields the first order conditions
Denote the profit maximal solution as \((h^{*},q^{*})\). Social welfare is \(W(h,q)=\hat{h}\int \limits _{0}^{q}u^{\prime }(z)dz-c(h)q-(1-h)H[s \overline{D}+s(L-\underline{D})+\underline{D}]q-(1-h)rq,\) so that (i) implies
while (ii) implies
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Marino, A.M. Product recall with symmetric uncertainty and multiunit purchases. J Regul Econ 60, 1–21 (2021). https://doi.org/10.1007/s11149-021-09434-3
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DOI: https://doi.org/10.1007/s11149-021-09434-3