Regulation and responsible innovation

Abstract Should product harms be investigated by firms via “Responsible Innovation” (RI) or by regulators? Firms can investigate potential harms early on, but only by diverting resources from innovation. Regulators, by contrast, often investigate harms after products are on the market. We characterize the efficient solution, which hinges on the firm’s opportunity cost of RI—how sensitive innovation success is to resource diversion—and the regulator’s cost of investigating harms. Our main insights are threefold. First, efficiency assigns primary responsibility to the lowest-cost party: firms when innovation success is insensitive to resource diversion, regulators when innovation success is highly sensitive. Second, efficient regulatory actions can be implemented with standard tools—fines, bans, and investigations—but this hinders firms’ RI incentives. Third, competition reduces RI investments for each firm but can raise aggregate RI. Our results highlight the trade-off between efficient oversight and incentives for responsible innovation while cautioning against one-size-fits-all regulation (JEL L51, M14, O32, D82).

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Publication Details

Journal
The Journal of Law Economics and Organization
Published
2026-01-21
DOI
https://doi.org/10.1093/jleo/ewag012
Primary Topic
Regulation and Compliance Studies
Type
article
Field-Weighted Citation Impact
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article

Regulation and responsible innovation

Carla Guadalupi, Jorge Lemus
The Journal of Law Economics and Organization
Regulation and Compliance Studies
article

Regulation and responsible innovation

Carla Guadalupi, Jorge Lemus
article en

Abstract

Abstract Should product harms be investigated by firms via “Responsible Innovation” (RI) or by regulators? Firms can investigate potential harms early on, but only by diverting resources from innovation. Regulators, by contrast, often investigate harms after products are on the market. We characterize the efficient solution, which hinges on the firm’s opportunity cost of RI—how sensitive innovation success is to resource diversion—and the regulator’s cost of investigating harms. Our main insights are threefold. First, efficiency assigns primary responsibility to the lowest-cost party: firms when innovation success is insensitive to resource diversion, regulators when innovation success is highly sensitive. Second, efficient regulatory actions can be implemented with standard tools—fines, bans, and investigations—but this hinders firms’ RI incentives. Third, competition reduces RI investments for each firm but can raise aggregate RI. Our results highlight the trade-off between efficient oversight and incentives for responsible innovation while cautioning against one-size-fits-all regulation (JEL L51, M14, O32, D82).

The Journal of Law Economics and Organization
Pontificia Universidad Católica de Chile (CL), Urbana University (US), University of Illinois System (US), Universidad Andrés Bello (CL)
Industry, innovation and infrastructure
Openalex Percentile: Top 50%
Regulation and Compliance Studies
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Regulation and responsible innovation — Carla Guadalupi, Jorge Lemus · The Journal of Law Economics and Organization (2026) | TGRS Research Map | TGRS