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Simultaneous and Sequential Anticommons
Francesco Parisi University of Minnesota - Law School Norbert Schulz University of Wuerzburg - Department of Economics Ben Depoorter University of Miami - School of Law; Ghent University - Department of Legal Theory and Legal History European Journal of Law and Economics, Vol. 17, No. 2, March 2004 George Mason Law & Economics Research Paper No. 03-11 Yale Law & Economics Research Paper No. 279 Abstract: This paper defines a framework for anticommons analysis based on the fragmentation of property rights. In differentiating between sequential and simultaneous cases of property fragmentation, we describe and assess the equilibria obtained under each scenario. Our model reveals how the private incentives of excluders do not capture the external effects of their decisions. Moreover, our model suggests that the result of underutilization of joint property increases monotonically in both (a) the extent of fragmentation; and (b) the foregone synergies and complementarities between the property fragments. Within this context, we can therefore explore important implications for possible institutional responses to a range of issues raised by the concept of property fragmentation.
JEL Classifications: K10, K11, K19, D62, D70 Accepted Paper SeriesDate posted: March 20, 2003 ; Last revised: November 04, 2009Suggested CitationContact Information
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