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Corporate Social Responsibility by Joint Agreement 共同协议的企业社会责任
Pub Date : 2021-07-02 DOI: 10.2139/ssrn.3878784
M. Schinkel, L. Treuren
Industry-wide voluntary agreements are touted as a means for corporations to take more corporate social responsibility (CSR). We study what type of joint CSR agreement induces competitors to increase CSR efforts in a model of oligopolistic competition with differentiated products. Consumers have a willingness to pay for more responsibly manufactured products. Firms are driven by profit, and are also possibly intrinsically motivated, to invest in CSR efforts. We find that cooperative agreements directly on the level of CSR reduce CSR efforts compared to competition. Such agreements throttle both for-profit and intrinsic motivation for CSR. CSR efforts only increase if agreements are permitted solely on output. Such production agreements, however, reduce total welfare in the market and raise antitrust concerns. Taking externalities into account may help justify a production agreement under a broader welfare standard, but not agreements on CSR directly. Moreover, simply requiring a higher CSR level by regulation while preserving competition always gives higher within-market welfare.
全行业自愿协议被吹捧为企业承担更多企业社会责任(CSR)的手段。在产品差异化的寡头垄断竞争模型中,我们研究了何种类型的联合企业社会责任协议促使竞争对手加大企业社会责任努力。消费者愿意为更负责任的制造产品买单。企业是由利润驱动的,也可能是出于内在动机,投资于企业社会责任的努力。我们发现,与竞争相比,直接在企业社会责任层面上的合作协议减少了企业社会责任的努力。这样的协议既抑制了企业社会责任的盈利动机,也抑制了企业社会责任的内在动机。只有当协议只允许产出时,企业社会责任的努力才会增加。然而,这种生产协议降低了市场的总福利,并引发了反垄断担忧。考虑外部性可能有助于在更广泛的福利标准下证明生产协议的合理性,但不能直接证明企业社会责任协议的合理性。此外,在保持竞争的同时,简单地通过监管要求更高的企业社会责任水平,往往会带来更高的市场内福利。
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引用次数: 5
Digital Competition and Regulation in the World: A Primer 世界数字竞争与监管:入门
Pub Date : 2021-06-29 DOI: 10.2139/ssrn.3866438
Christophe Carugati
The digital economy is at the forefront of the agenda of decisionmakers worldwide following several expert reports on competition in digital markets, underscoring competition issues. The question shifts then from why to how to adapt competition to the digital economy. Digital competition and digital regulation? Europe, the United Kingdom, China, Germany, Italy, Austria, the United States consider ex-ante regulations and ex-post competition laws to tackle issues in digital markets. Australia and Greece also envisage to legislate. The journey only begins. Some legislations are proposals, while others are already enacted. At this stage, changes are likely in the future, even regarding enacted legislations, following developments in other countries, and discussions during the legislative processes. In this context, the paper offers a primer to digital competition and regulation with a holistic analysis of the principal features rather than an in-depth analysis of each legislation. From a law and economics standpoint, it thus explains rather than compares the legislations and puts forward some improvements. Section II analyzes the legislations. It examines the instruments, goals, scope, and content. Section III proposes some improvements to the legislations to minimize error costs at no or low costs for undertakings with substantial benefits for end-users and businesses. It suggests ensuring convergence of legal regime and enforcement, effective consumer choice, and indirect entry. Section IV concludes.
在数份关于数字市场竞争的专家报告强调了竞争问题之后,数字经济已成为全球决策者议程的前沿。那么问题就从为什么转变为如何让竞争适应数字经济。数字竞争和数字监管?欧洲、英国、中国、德国、意大利、奥地利和美国考虑事前监管和事后竞争法来解决数字市场的问题。澳大利亚和希腊也打算立法。旅程才刚刚开始。一些立法是建议,而其他立法已经颁布。在这一阶段,未来可能会发生变化,甚至是关于已颁布的立法,根据其他国家的事态发展以及立法过程中的讨论。在这种背景下,本文对数字竞争和监管提供了一个入门,对主要特征进行了全面分析,而不是对每项立法进行深入分析。因此,本文从法律和经济学的角度来解释而不是比较立法,并提出一些改进意见。第二部分是立法分析。它检查工具、目标、范围和内容。第三部分提出了对立法的一些改进,以最大限度地减少对最终用户和企业有实质性利益的企业无成本或低成本的错误成本。它建议确保法律制度和执法的趋同,有效的消费者选择,以及间接进入。第四节是结论。
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引用次数: 0
Dynamics of Imitation versus Innovation in Technological Leadership Change: Latecomers’ Catch-up Strategies in Diverse Technological Regimes 技术领导变革中的模仿与创新动力学:不同技术体制下后发企业的追赶战略
Pub Date : 2021-06-21 DOI: 10.2139/ssrn.3871232
Sungyong Chang, Hyunseob Kim, Jaeyong Song, Keun Lee
We examine the role of latecomers’ optimal resource allocation between innovation and imitation in latecomers’ catch-up under diverse technological regimes. Building on Nelson and Winter (1982), we develop computational models of technological leadership change. The results suggest that one-sided dependency upon either imitation or innovation deters technological leadership change. At an early stage with low-level technologies, latecomers should focus on imitation; then, as the technological gap decreases, they should allocate more R&D resource to innovation. We also examine the role of several variables, such as appropriability, cumulativeness, and cycle time of technologies (CTT), as related to technological regimes. The simulation results show that while low appropriability tends to increase the probability of technological leadership change, it makes imitation a more e˙ective strategy compared to innovation; in addition, while a higher level of cumulativeness tends to reduce the probability of leadership change, it makes imitation a more valuable option because innovation becomes more diÿcult for latecomers. We also find an inverted U-shaped relationship between the CTT and the probability of technological leadership change. When the CTT is short, it makes sense for latecomers to allocate more resources to imitation, especially when their technology level is initially low.
本文考察了不同技术制度下后发企业在创新与模仿之间的最优资源配置在后发企业追赶中的作用。在Nelson和Winter(1982)的基础上,我们开发了技术领导力变化的计算模型。结果表明,对模仿或创新的片面依赖阻碍了技术领先地位的变化。在技术水平较低的早期阶段,后来者应注重模仿;然后,随着技术差距的缩小,它们应该将更多的研发资源分配给创新。我们还研究了与技术制度相关的几个变量的作用,如适宜性、累积性和技术周期时间(CTT)。仿真结果表明,虽然低适宜性倾向于增加技术领先地位变化的概率,但与创新相比,模仿是一种更有效的策略;此外,虽然较高的累积水平往往会降低领导层更迭的可能性,但这使得模仿成为一个更有价值的选择,因为对于后来者来说,创新变得更加diÿcult。我们还发现CTT与技术领先地位变化的概率之间存在倒u型关系。当CTT较短时,后来者将更多的资源分配给模仿是有意义的,特别是当他们最初的技术水平较低时。
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引用次数: 1
It Takes Two to Dance: Institutional Dynamics and Climate-Related Financial Policies 《两个人跳舞:制度动态与气候相关金融政策》
Pub Date : 2021-04-04 DOI: 10.2139/ssrn.3843170
M. Baer, Emanuele Campiglio, J. Deyris
Abstract This article studies how institutional dynamics might affect and be affected by the implementation of climate-related financial policies. First, we propose a three-dimensional framework to distinguish: i) motives for policy implementation (prudential or promotional); ii) policy instruments (informational, incentive-based or quantity-based); and iii) implementing authorities (political or delegated). Second, we use this framework to show how sustainable financial interventions in certain jurisdictions - most notably, Europe - rely predominantly on informational policy instruments to achieve both promotional and prudential objectives. Policymakers in other jurisdictions - e.g. China - also employ incentive- or quantity-based instruments to achieve promotional objectives. Third, we identify two main institutional explanations for this European ‘promotional gap’: i) a reduced intervention of political authorities on the allocation of financial resources; and ii) a stronger independence of technical delegated authorities supervising financial dynamics. This governance configuration leads to an institutional deadlock in which only measures fitting with both political and delegated authorities' objectives can be implemented. Finally, we identify and discuss the possible institutional scenarios that could originate from the current setting, and stress the need for close cooperation between political and delegated authorities.
本文研究了制度动态如何影响和被气候相关金融政策的实施所影响。首先,我们提出了一个三维框架来区分:1)政策实施的动机(审慎或促进);Ii)政策工具(信息、激励或数量);iii)执行机构(政治或委托)。其次,我们使用这个框架来展示某些司法管辖区(尤其是欧洲)的可持续金融干预如何主要依赖信息政策工具来实现促进和审慎目标。其他司法管辖区(如中国)的政策制定者也采用激励或基于数量的工具来实现促进目标。第三,我们确定了欧洲“促进差距”的两个主要制度解释:1)政治当局对财政资源分配的干预减少;ii)加强监管金融动态的技术授权机构的独立性。这种治理配置导致了制度上的僵局,在这种僵局中,只有符合政治和授权机构目标的措施才能实现。最后,我们确定并讨论可能源于当前环境的体制方案,并强调政治和授权当局之间密切合作的必要性。
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引用次数: 29
Economic Consequences of Manipulation of Social Insurance Benefits 操纵社会保险福利的经济后果
Pub Date : 2021-02-13 DOI: 10.2139/ssrn.3784394
Takuya Ishihara, Masaki Takahashi
This paper examines the economic consequences of manipulation of social insurance benefits. Using administrative data of the public long-term care insurance (LTCI) in Japan, we document novel discontinuity and bunching in the distribution of health scores that determine benefit levels for LTCI. The observed distribution suggests that LTCI recipients tend to receive more generous benefits than they should because medical examiners manipulate recipients' health score. To quantify the impact of manipulation on long-term care (LTC) expenditures, we develop partial identification and nonparametric estimation methods that allow for flexible restrictions on counterfactual distribution. Our baseline estimation indicates that the manipulation increases monthly LTC expenditures per recipient by 60.2-227.9 USD (3.7-15.5%). We also find that the lower bound on manipulation effects is robust to various restrictions.
本文考察了社会保险福利操纵的经济后果。利用日本公共长期护理保险(LTCI)的管理数据,我们记录了决定LTCI福利水平的健康评分分布的新不连续性和聚集性。观察到的分布表明,LTCI受助人往往会得到比他们应该得到的更多的福利,因为体检官操纵了受助人的健康评分。为了量化操纵对长期护理(LTC)支出的影响,我们开发了部分识别和非参数估计方法,允许对反事实分布进行灵活的限制。我们的基线估计表明,这种操纵使每个接受者的每月LTC支出增加了60.2-227.9美元(3.7-15.5%)。我们还发现,操作效应的下界对各种约束条件都具有鲁棒性。
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引用次数: 0
Abuse of Dominance in Digital Markets: OECD Background Paper 滥用数字市场支配地位:经合组织背景文件
Pub Date : 2020-12-03 DOI: 10.2139/ssrn.3862453
J. Mancini
Digital markets pose fundamental challenges for abuse of dominance enforcement. This paper will explore these challenges, and set out some strategies that authorities can consider in their casework.

On the one hand, digital markets may be more likely to manifest the kind of harm that abuse of dominance laws were designed to prevent. If competition authorities are unable to apply these prohibitions to digital business models, it may lead to questions about the broader relevance of abuse of dominance as a competition enforcement tool. As a result, some have called for more extensive enforcement in this area.

On the other hand, the analysis of this harm can be potentially complex, and give rise to the risk of error (resulting in either over- or under-enforcement). Aggressive enforcement that is not founded in economic theories of harm, or which does not address the risk of over-enforcement, may end up harming the consumers it was meant to protect, and undermine support for competition enforcement more generally.

To balance these risks, it seems that both (1) an openness to abuse of dominance theories of harm, and (2) great care in selecting which cases to bring, are needed. Different jurisdictions make different assessments of where the balance of under- and over-enforcement risks lies. These assessments cannot be separated from the underlying legislative, historical, and philosophical context of competition law in each jurisdiction. They may also be updated in response to ex-post assessments of past interventions, evidence about trends in market power. However, there are areas of convergence in terms of the need for effects-based analysis in most cases, and the need to avoid action that creates disincentives for innovation. At the same time, there are cases in which alternative competition policy tools could be either more justified, more timely, or more resource-efficient.

Going forward, competition authorities seeking to address abuses of dominance in digital markets would benefit from deeper international co-operation, given the international scope of many digital firms. In addition, there remain significant opportunities for the development of new methodologies that help authorities assess the unique circumstances in digital markets, and identify clearer conditions in which harm will emerge.
数字市场对滥用垄断执法构成了根本性挑战。本文将探讨这些挑战,并提出当局可以在其案例工作中考虑的一些策略。一方面,数字市场可能更有可能表现出滥用主导地位法旨在防止的那种危害。如果竞争监管机构无法将这些禁令应用于数字商业模式,可能会引发有关滥用主导地位作为竞争执法工具的更广泛相关性的问题。因此,一些人呼吁在这一领域进行更广泛的执法。另一方面,对这种危害的分析可能会很复杂,并且会产生错误的风险(导致执行过度或执行不足)。没有建立在经济伤害理论基础上的激进执法,或者没有解决过度执法的风险,最终可能会伤害它本应保护的消费者,并削弱对竞争执法的支持。为了平衡这些风险,似乎需要(1)对滥用主导地位的伤害理论持开放态度,以及(2)在选择起诉哪些案件时非常小心。不同的司法管辖区对执法不足和执法过度风险之间的平衡做出了不同的评估。这些评估不能脱离每个司法管辖区竞争法律的基本立法、历史和哲学背景。它们也可能根据对过去干预的事后评估、有关市场力量趋势的证据进行更新。但是,在大多数情况下需要进行基于效果的分析,并且需要避免采取不利于创新的行动,这些方面有一些共同之处。与此同时,在某些情况下,替代竞争政策工具可能更合理、更及时或更节约资源。展望未来,考虑到许多数字公司的国际业务范围,寻求解决数字市场支配地位滥用问题的竞争管理机构将受益于更深入的国际合作。此外,开发新方法仍有很大的机会,这些方法可以帮助当局评估数字市场的独特情况,并确定可能出现危害的更明确条件。
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引用次数: 2
Bridging the Coasean Divide: A Shared Economic Lexicon for Antitrust & Worker Protection Law 弥合科斯鸿沟:反托拉斯法和工人保护法的共享经济词汇
Pub Date : 2020-08-08 DOI: 10.2139/ssrn.3707813
Conor J. May
Uber, the most prolific of a new breed of transportation network companies, has been the target of two distinct strands of litigation in recent years that get at a question at the heart of the company’s business model. On the one hand, drivers have sued Uber for intentionally misclassifying them as contractors to dodge employer obligations. On the other, consumers have taken Uber to court for fixing the prices of millions of independent competitors, in clear violation of antitrust law. Uber’s situation seems legally untenable; either drivers are independent businesspeople and Uber is running a massive price-fixing conspiracy, or drivers are employees and the company owes millions in worker benefits and payroll taxes.

However, antitrust and labor law have both evolved over the last half-century to be far more permissive of innovative (some would say exploitative) business models. This leaves a regulatory void in which companies like Uber get all the benefits of a coordinated, top-down command structure without incurring either antitrust liability or employer obligations. This void poses a competition problem and a labor problem. Workers that have no real power to negotiate their rates or make market-based decisions are left without the protections of labor and employment law.

This note argues for a common set of definitions across antitrust and labor law to close the regulatory gap. These definitions should be nuanced, and might include intermediate categories like “dependent contractors.” These definitions should be guided by evidence of genuine ability or inability to make market decisions, particularly whether workers can set their own prices. But most importantly, they should be uniformly recognized by labor and antitrust courts. This will allow for innovative companies like Uber to choose. They can relinquish economic decision-making to their workers and maintain their low-commitment technology company status, or have greater coordination rights vis-à-vis their workforce and accept the employer obligations that come with them.
作为新一代交通网络公司中最多产的一家,优步近年来一直是两类截然不同的诉讼的目标,这些诉讼都触及了该公司商业模式的核心问题。一方面,司机们起诉优步故意将他们错误归类为承包商,以逃避雇主义务。另一方面,消费者将优步告上法庭,指控其操纵数百万独立竞争对手的价格,这明显违反了反垄断法。优步的处境在法律上似乎站不住脚;要么司机是独立的商人,优步正在操纵一个大规模的价格操纵阴谋;要么司机是员工,优步欠下了数百万美元的工人福利和工资税。然而,在过去的半个世纪里,反托拉斯法和劳动法都发展得更加允许创新(有人会说剥削)的商业模式。这留下了一个监管空白,像优步这样的公司可以从一个协调的、自上而下的指挥结构中获得所有好处,而无需承担反垄断责任或雇主义务。这一空白带来了竞争问题和劳动力问题。没有实际权力协商工资或做出基于市场的决定的工人没有劳动和就业法的保护。本文主张在反托拉斯法和劳动法中建立一套共同的定义,以缩小监管差距。这些定义应该是微妙的,并且可能包括中间类别,如“依赖承包商”。这些定义应该以真正有能力或没有能力做出市场决定的证据为指导,特别是工人是否可以自己定价。但最重要的是,它们应该得到劳动和反垄断法院的统一认可。这将允许像优步这样的创新公司做出选择。他们可以把经济决策权交给员工,保持低投入的科技公司地位,或者对员工拥有更大的协调权,并接受随之而来的雇主义务。
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引用次数: 0
The Increasing Irrelevance of Industrial Policy in Taiwan, 2016–2020 2016-2020年台湾产业政策无关性之提升
Pub Date : 2020-07-27 DOI: 10.2139/ssrn.3894525
Douglas B. Fuller
Like every democratically elected president in Taiwan before her, in her first term, President Tsai proposed and implemented various industrial policies designed to create new or bolster hopefully emergent industries. Unfortunately, industrial policy has proven to be increasingly irrelevant in terms of failing to deliver on upgrading new or inchoate industries in Taiwan. This increasing irrelevance of industrial policy preceded Tsai’s administration and has deep structural and institutional roots. To the extent that industrial policy was impactful during Tsai’s first term, it did so by supporting existing industries and firms, such as TSMC, and via the continued hidden industrial policy of currency intervention to promote exports. Taiwan’s economy and Tsai’s administration did benefit from Trump’s trade war with China. Recent trends such as the return of Taiwanese manufacturing from China would not have occurred without the trade war. However, any future broader decoupling between the US and China’s economies beyond that of Trump’s limited trade war could badly hurt Taiwan.
就像在她之前的每一位民选总统一样,蔡英文总统在她的第一个任期内提出并实施了各种旨在创造新的或支持新兴产业的产业政策。不幸的是,事实证明,产业政策在未能实现台湾新兴产业或初级产业升级方面越来越无关紧要。在蔡英文执政之前,这种与产业政策日益无关的情况就已经出现,并且有着深刻的结构和制度根源。从某种程度上说,产业政策在蔡英文的第一个任期内是有影响的,它是通过支持现有的产业和公司来实现的,比如台积电,以及通过持续的隐性货币干预产业政策来促进出口。台湾经济和蔡英文政府确实从特朗普与中国的贸易战中受益。如果没有贸易战,台湾制造业从中国大陆回归等近期趋势就不会发生。然而,在特朗普有限的贸易战之外,中美经济未来任何更广泛的脱钩都可能严重伤害台湾。
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引用次数: 1
Thoughts on Competitiveness and Integrated Industrial Policy: A Field of Mutual Convergences 竞争力与产业整合政策思考:一个相互趋同的领域
Pub Date : 2020-06-15 DOI: 10.5430/rwe.v11n3p12
Charis Vlados, Dimos Chatzinikolaou
Competitiveness and industrial policy seem to play a critical role in the development and mutation of different spatialized socio-economic systems. This article aims to review the literature on these two concepts and suggest a novel theoretical framework. First, we identify that, in the relevant literature, industrial policy acquires progressively a repositioned content, described as a new, holistic, multidimensional, or integrated policy that can help create and sustain the competitiveness of the firms, industries, localities, nations, or other socio-economic agglomerations. In this context, we explore the form of an actual integrated industrial policy and propose the theoretical framework of the competitiveness web, in which the co-evolution of micro-meso-macro levels are explored, by placing the dynamics of business innovation at the dialectic center of the overall developmental process. This integrated industrial policy to strengthen competitiveness must also be able to promote innovation in the different local and regional ecosystems and, therefore, we conceive a policy mechanism in the form of the Institutes of Local Development and Innovation (ILDI). The primary purpose of these institutes is to diagnose and strengthen the Stra.Tech.Man physiology (strategy-technology-management synthesis) of the local socio-economic organizations. We believe that this new approach to the integrated industrial policy to strengthen the local competitiveness can contribute to facilitating the adaptation of the socio-economic systems, and especially the less dynamic and developed, to the new emerging challenges of the crisis and restructuring of globalization in the pandemic era.
竞争力和产业政策似乎在不同空间化社会经济系统的发展和突变中起着关键作用。本文旨在回顾有关这两个概念的文献,并提出一个新的理论框架。首先,我们发现,在相关文献中,产业政策逐渐获得了重新定位的内容,被描述为一种新的、整体的、多维的或综合的政策,可以帮助创造和维持公司、行业、地方、国家或其他社会经济集群的竞争力。在此背景下,我们探索了实际整合产业政策的形式,并提出了竞争力网络的理论框架,其中通过将商业创新的动态置于整体发展过程的辩证中心,探索了微观-中观-宏观层面的协同演化。这种加强竞争力的综合产业政策还必须能够促进不同地方和区域生态系统中的创新,因此,我们设想了一种以地方发展与创新研究所(ILDI)形式的政策机制。这些研究所的主要目的是诊断和加强地方社会经济组织的战略-技术-管理综合(战略-技术-管理综合)。我们认为,对加强地方竞争力的综合工业政策采取的这种新办法有助于促进社会经济制度,特别是活力较弱和较不发达的社会经济制度适应大流行病时代出现的危机和全球化结构调整的新挑战。
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引用次数: 4
Macro, Meso, and Micro Policies for Strengthening Entrepreneurship: Towards an Integrated Competitiveness Policy 加强创业的宏观、中观和微观政策:迈向综合竞争力政策
Pub Date : 2020-03-28 DOI: 10.30845/jbep.v7n1a1
Charis Vlados, Dimos Chatzinikolaou
This article aims to propose an integrated policy framework for competitiveness and entrepreneurship at a unified macro-meso-micro level. The article presents the evolution of the definition of competitiveness and competitiveness policy and focuses next on modern definitions of macro-policies, meso-policies, and micro-policies by presenting their conceptual synthesis based on the literature. Then, by building on the approach of “competitiveness web,” it presents the implications that such an overarching concept can have on the micro-meso-macro level of entrepreneurship strengthening policies. In this context, it leverages the “Stra.Tech.Man” approach to entrepreneurship dynamics, which implies that business innovation derives from the synthesis of the innate spheres of strategy, technology, and management. At the same time, it proposes the micro-meso-level policy of “Local Development and Innovation Institutes” in the overall context of the competitiveness web. The proposed “competitiveness web” policy framework can address the issue of fostering entrepreneurship in today’s environment of globalization because it takes into account all the building blocks of socio-economic systems by describing the general framework of the policies at the micro-meso-macro socioeconomic levels.
本文旨在从宏观、中观和微观的统一层面提出一个促进竞争力和企业家精神的综合政策框架。本文介绍了竞争力和竞争力政策定义的演变,然后重点介绍了宏观政策、中观政策和微观政策的现代定义,并在文献基础上提出了它们的概念综合。然后,通过构建“竞争力网络”的方法,提出了这样一个总体概念对加强创业政策的微观-中宏观层面的影响。在这种情况下,它利用了“Stra.Tech”。“人”的创业动力学方法,这意味着商业创新源于战略、技术和管理等固有领域的综合。同时,在竞争力网络的大背景下,提出了“地方发展创新机构”的微观中观政策。拟议的“竞争力网”政策框架可以解决在当今全球化环境中培养企业家精神的问题,因为它通过描述微观-中观-宏观社会经济层面的政策总体框架,考虑到社会经济系统的所有组成部分。
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引用次数: 10
期刊
IRPN: Innovation Policy Studies (Topic)
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