Optimal Damages Multipliers in Oligopolistic Markets

This paper establishes that tort damages multipliers greater than one can be an instrument to induce imperfectly competitive producers to invest in product safety at socially optimal levels. In their selection of product safety levels, producers seek to maximize profits, neglecting the fact that higher investment in product safety increases consumer welfare; the discrepancy between private and social safety incentives can be remedied by setting damages multipliers to values greater than one. We show that the optimal damages multiplier depends on the characteristics of competition, such as the number of firms, the degree of substitutability or complementarity when products are heterogeneous, firms cost structures, and the mode of competition.