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26 Eur. J.L. & Econ. 1 (2008)

handle is hein.journals/eurjlwec26 and id is 1 raw text is: Eur J Law Econ (2008) 26:1-10 DOI 10.1007/s 10657-008-9049-7 Wasting innovation: barriers to entry and European regulation on waste electronic equipment Dario Mock - Grischa Perino Published online: 21 May 2008 © Springer Science+Business Media, LLC 2008 Abstract The European Directive on Waste Electric and Electronic Equipment 2002/96/EC distorts incentives in regulated markets. Treatment of 'historical waste'-i.e. products sold prior to 13 August 2005-is financed by all firms in the market at the time of disposal. This stimulates excessive pre-regulation output by incumbents for two reasons: a costs sharing effect and entry deterrence. Entry deterrence is achieved by raising the common costs of waste disposal. Entry is a main driver of innovation in the affected industries. The feasibility of a first best policy is discussed and an alternative rule superior to the status quo is presented. Keywords Community law - Waste management - Entry deterrence Raising rivals costs - Innovation JEL Classifications L1 K32 - Q53 1 Introduction On 27 January 2003 the European Union (EU) passed Directive 2002/96/EC on waste electrical and electronic equipment (WEEE). Aiming to avoid and better treat WEEE, the directive sets minimum quotas for recycling and recovery of waste D. Mock Sparwasser & Heilshorn Rechtsanwaelte Partnerschaft, Mozartstr. 30, 79104 Freiburg, Germany e-mail: info@shp-rechtsanwaelte.de D. Mock Landgericht Offenburg, Offenburg, Germany G. Perino (E) Alfred-Weber-Institute, University of Heidelberg, Bergheimer Str. 20, 69115 Heidelberg, Germany e-mail: perino@uni-hd.de I_ Springer

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