Journal article
Trade secrets versus Cost Benefit Analysis



Publication Details
Authors:
von Wangenheim, G.
Publication year:
2002
Journal:
International Review of Law and Economics
Pages range:
511-526
Volume number:
22
Start page:
511
End page:
526
ISSN:
0144-8188

Abstract
We argue that administrative agencies should base their decisions on Cost Benefit Analysis (CBA) for two reasons: first the well known ex ante effect that CBA make public decisions more rational and second the little discussed ex post effect that the agency's CBA provides valuable information to judicial or political bodies controlling the agency. The ex post purpose of CBA implies (judicial review of administrative decisions) or requires (political review) the public availability of the CBA. A conflict between this public availability and the protection of trade secrets arises, if the costs or benefits of a decision depend on information which are trade secrets. As a solution to this conflict, we propose a nonpublic in camera court procedure which leaves little discretion to the agency.


Keywords
cost benefit analysis, public availability, trade secrets


Authors/Editors

Last updated on 2019-05-11 at 13:32