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When the State Fines Itself: The Economics of Administrative Fines in the Public Sector
Conference paper

When the State Fines Itself: The Economics of Administrative Fines in the Public Sector

Erik Lakomaa
Public Choice Society Annual Meeting (Nashville, U.S.A. )
2021

Abstract

law and economics administrative fines principal agent relations
Administrative fines are an increasingly common regulatory tool. In many jurisdictions, they can be issued both to private corporations and public entities. However, corporations and public entities face different incentives: A fine on a corporation leads to a transfer from the shareholders, whereas the public ultimately pays for a fine on a public entity. In theory, the effects of fines are stronger on private firms than on public entities, as shareholders have more substantial incentives for monitoring behavior than voters, unless the fines are so high that they displace specific public spending, cared for by the voters.

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