Series: Working Papers. 1405.
Author: Miguel García-Posada and Juan S. Mora-Sanguinetti.
Published in: European Journal of Law and Economics, August 2015, 40 (1), pp. 49-74
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Abstract
Entry of new firms, both in the form of entrepreneurs and corporations, fosters competition and productivity. The entry of firms and productivity have both been low in the Spanish economy over recent years. This paper analyses the determinants of entry focusing on the role of the design and efficacy of enforcement institutions (the judicial system), an aspect traditionally overlooked. To do this, we exploit disaggregated data at the local level in Spain. We find that higher judicial efficacy increases the entry rate of firms, while it has no effect on the exit rate. Crucially, that impact only occurs in the case of the entry rates for entrepreneurs, defined as self-employed, but not in the case of limited liability corporations. This finding may be due to the fact that judicial (in)efficacy can be regarded as a fixed cost to be paid by the agents that litigate. Hence, the economic activity of entrepreneurs - and specifically, their entry into the market - is expected to be more affected than that of larger firms.