2

Damaging Conflict: All-pay Auctions with Negative Spillovers and Bimodal Bidding
Abstract We investigate how the presence of a negative externality in an all-pay auction influences bidding behavior in the laboratory. In the standard risk-neutral model, Nash equilibrium predicts no difference in strategies between treatments with and without the externality. Our experimental results provide some support for this prediction, as average bids do not differ significantly across treatments and generally align with equilibrium benchmarks. However, bidding distributions in both treatments exhibit a pronounced bimodal pattern that is consistent with previous all-pay auction experiments but inconsistent with risk-neutral Nash predictions. To account for these features, we evaluate two models of bounded rationality, incorporating prospect theory-inspired preferences: quantal response equilibrium (QRE) and a variant on noisy introspection that we call Belief-Perturbed Logit (BPL). While both models can rationalize bimodal bidding, QRE provides the superior fit while also predicting the location of bid peaks across treatments. These results reinforce the growing evidence that while subjects may not mix strategies exactly as prescribed by Nash equilibrium, their bidding behavior remains broadly equilibrium-consistent. Our findings also support the role of reference dependence and loss aversion in explaining bimodal bidding and strategic behavior more generally
The U.S. -- Tax Incentives Dispute: Subsidies and Investment Promotion Reaching New Heights in the Aviation Sector: The US--Tax Incentives Dispute
Abstract This paper analyzes the most recent WTO Appellate Body (AB) report in a series of disputes between the US and the EU over government support to aircraft manufacturers Boeing and Airbus. The measures under dispute in US–Tax Incentives were investment promotion subsidies provided to Boeing by the State of Washington. The EU contended that the Washington State subsidies, which were conditioned on Boeing locating production of specific parts of its new 777X program within the state, were prohibited import substitution subsidies. The AB took this case as an opportunity to consolidate WTO case-law on import substitution subsidies. It confirmed a single legal standard for export promotion and import substitution subsidies but with a stricter requirement for a finding of a violation in the case of import substitution subsidies. We argue that the AB, in allowing the subsidies to Boeing, unnecessarily blurred the distinction between contingency in law and contingency in fact by ruling that identifying a condition requiring the use of domestic inputs would be a necessary element for a determination of a de facto contingency. This appears to be an unduly formalistic view that leaves little legal space for any de facto contingency claim in the future.