GENERAL EQUILIBRIUM ANALYSIS OF HOLD‐UP PROBLEM AND NON‐EXCLUSIVE FRANCHISE CONTRACT

In this paper, we develop a general equilibrium model that examines the emergence of non‐exclusive franchise contracts in the presence of the franchisor hold‐up problem. Our model of an endogenous franchising network underscores the trade‐off between the cost associated with specifying and enforcing the contractual terms and the cost associated with broadening the relationships with multiple franchisors. We show that when the contracting cost relative to the relational cost is high and when the economies of specialization is low, a non‐exclusive franchise contract is an optimal contractual arrangement to mitigate franchisor opportunism.     

不完全契约理论:一个综述

标准的契约理论或委托-代理理论假定契约是完全的,然而现实中的契约是不完全的。契约的不完全会导致事前的最优契约失效,当事人在面临被“敲竹杠”的风险时会做出无效率的专用性投资。经济学家们在研究如何最大程度地减少由于契约不完全所导致的效率损失时,发展了一个新兴的不完全契约理论。本文以一个基本模型为基点,围绕专用性投资效率问题,从司法干预、赔偿、治理结构、产权以及履约等多个视角,全面地介绍了不完全契约理论的产生、发展、应用以及面临的挑战和未来的前景。     

Managerial Bargaining Power in the Determination of Compensation Contracts and Corporate Investment

This paper considers the design of managerial compensation contracts and their impact on corporate investment decisions and the managerial effort decision. The model relates the compensation scheme to outside share ownership and managerial bargaining position. Using the methods of mechanism design under asymmetric information, a shift in favor of effort is documented in the case where managerial bargaining strength is weak, while a shift toward more use of capital investment results from strong managerial bargaining power. The model distinguishes managerial equity holdings from contingent compensation contracts. Our results are related to the empirical literature on pay-performance sensitivities.     

Contractual restrictions on insider trading: a welfare analysis

Summary. This paper analyzes the welfare effects of permitting firms to negotiate contractually the right to allow corporate insiders to trade shares in the firm on private information. A computational framework is employed to (i) analyze formally the effects of insider trading on managerial investment choice, the informational efficiency of stock prices, and the welfare of all investor types; and (ii) examine the effectiveness of various compensation schemes (such as stock and insider trading rights) to mitigate conflicts of interest between managers and shareholders. I show that shareholders will typically choose not to grant insider trading rights to managers. This decision is socially optimal. Received: September 23, 2000; revised version: December 12, 2000     

NONSTATIONARY RELATIONAL CONTRACTS WITH ADVERSE SELECTION*

I develop a model of nonstationary relational contracts in order to study internal wage dynamics. Workers are heterogeneous, and each worker’s ability is both private information and fixed for all time. Learning therefore occurs within employment relationships. The inferences, however, are confounded by moral hazard. Incentive provision is restricted by an inability to commit to long‐term contracts. Relational contracts, which must be self‐enforcing, must therefore be used. The wage dynamics in the optimal contract, which are pinned down by the tension between incentive provision and contractual enforcement, are intimately related to the learning effect.     

Contracts without memory in multiperiod agency models

Settings are considered in which optimal multiperiod contracts can have no memory, i.e., where second period payments do not need to depend on first period outcomes. If contracts have no memory, a repeated agency game can be played myopically; there are no gains to long-term relationships. Conditions on preferences for a no memory contract are presented. In an agency game with moral hazard on the act selection, preference separability and domain additivity imply the existence of a no memory contract. In a setting without moral hazard but with asymmetric information on the outcome, domain additivity implies no memory.     

Temporary hires and innovative investments

The flexicurity approach claims a positive effect of flexible labour on firm performance, also through an increased ability to innovate. Critics consider it a deregulation of the labour market, decreasing investment in human capital and innovation. We contribute to this broad debate providing an estimate of the relationships linking innovative investment, substitution investment, permanent hires and temporary hires. In particular, we aim at affirming or denying that innovative investments are accompanied by a specific kind of workforce, being it stable or flexible. In doing so, we contribute to bridge the gap among two quite separate strands of literature, as existing literature usually analyses capital and labour separately. Estimating a nonlinear recursive equation system we highlight a significant increase in the likelihood of hiring on a permanent base when the firm innovates; this holds till 2008. Afterward, during the crisis, innovating firms are more likely to hire using temporary contracts instead, a possible signal of a cost saving strategy adopted in a loose labour market by firms still able to innovate. Furthermore, both permanent and temporary hires never depend on increases in labour costs; however, substitution investment increases when labour cost increases, maybe in an attempt to increase labour productivity through a more efficient capital equipment.     

契约不完全一定导致投资无效率吗?——一个带有不对称信息的敲竹杠模型

经典的不完全契约理论认为,契约不完全会导致专用性人力资本投资的无效率。但是这难以解释现实中大量存在的雇员进行有效率投资的现象。通过在一个经典的敲竹杠模型中引入重复博弈和关于投资者能力的不对称信息,本文证明:契约不完全一定会导致敲竹杠,但是敲竹杠未必妨碍专用性人力资本投资效率。本文刻画了三类完美贝叶斯均衡(PBE):好的声誉使高能者在第一期做出社会最优的专用性人力资本投资,并且使低能者退出市场;中性的声誉使高能者和低能者都在第一期做出社会最优的专用性人力资本投资;而坏的声誉使高能者和低能者都退出市场。本文还表明,在动态环境下产权仍然是重要的。     

财富、企业家才能与最优融资契约安排

本文认为企业家是企业发生的逻辑起点 ,是最初的“中心签约人” ,因此力图站在企业家的角度来考察企业家的融资行为。我们证明理性的企业家往往会将企业残值的优先索取权让度给外部投资者 ,从而否定了关于“投资者是最后的剩余索取者”的先验观点。在认识到“提供担保服务”是企业家自有资本的基本功能的基础上 ,我们揭示出一些关于企业家选择融资契约的规律。最后 ,我们还进一步发现即便未受财富约束 ,企业家也不会完全依靠自有资本来创业 ,因为很可能存在一个最优的企业家自有资本比例。     

An experimental study of the impact of competition for Other People’s Money: the portfolio manager market

In this paper we experimentally investigate the impact that competing for funds has on the risk-taking behavior of laboratory portfolio managers compensated through an option-like scheme according to which the manager receives (most of) the compensation only for returns in excess of pre-specified strike price. We find that such a competitive environment and contractual arrangement lead, both in theory and in the lab, to inefficient risk taking behavior on the part of portfolio managers. We then study various policy interventions, obtained by manipulating various aspects of the competitive environment and the contractual arrangement, e.g., the Transparency of the contracts offered, the Risk Sharing component in the contract linking portfolio managers to investors, etc. While all these interventions would induce portfolio managers, at equilibrium, to efficiently invest funds in safe assets, we find that, in the lab, Transparency is most effective in incentivising managers to do so. Finally, we document a behavioral “Other People’s Money” effect in the lab, where portfolio managers tend to invest the funds of their investors in a more risky manner than their Own Money, even when it is not in either the investors’ or the managers’ interest to do so.     

国有机构投资者持股能提升企业投资效率吗?

具有国资背景的机构投资者,对于资本市场平稳发展具有重要意义。本文基于我国2015—2019年A股上市公司样本,考察持股对企业投资效率的影响。研究发现,持股显著提升了企业投资效率,并且该影响在代理冲突更严重和所处信息环境更不透明的公司中更加显著。机制检验表明,降低企业内外部信息不对称和代理成本是持股提升企业投资效率的重要渠道。进一步研究发现,国有机构投资者持股时间越长,对企业非效率投资的治理效果越好;细分国有机构投资者类型后发现,致力于长期维护资本市场稳定和上市公司长期健康发展的证金公司和汇金公司对企业投资效率的提升作用显著,但没有发现“救市”基金和外管局旗下的投资平台对企业投资效率有提升作用。研究结论从企业投资效率视角为国有机构投资者持股在微观企业日常经营中发挥的治理作用提供了新颖的经验证据,对进一步提高我国上市公司质量具有启示意义。     

Legal Remedies for Breach of the Regulatory “Contract”

We present a model of the regulatory contract that focuses on the mutual investment of buyer and seller and recognizes the cost of contractual renegotiation and the importance of breach remedies when contracts are incomplete. We model renegotiation as a litigation game played before a quasi-judicial administrative court. We find that the standard contractual remedy of expectations damages cannot implement first-best levels of investment for both buyer and seller. If the seller fully recovers its sunk investment upon buyer breach, however, then first-best levels of investment by both buyer and seller can be supported provided litigation costs are small enough.     

产业共性技术政府支持性研发外包合同影响因素研究

建立产业共性技术研发外包博弈模型，从政府视角研究以共性技术产出最大化为目标的最优政府支持性研发外包合同，并对最优外包合同影响因素进行分析。研究表明：足够多的政府预算是共性技术政府支持性最优研发外包合同存在的前提，最优合同条款随政府预算的增大而增多，企业保留收益增大倒逼政府预算增加；企业最优知识技术投入与共性技术价值系数以及从研发中分享的收益份额正相关，与政府支付的固定研发费用负相关；政府最优知识技术投入与固定研发费用及单位投入成本系数负相关；企业最优投入与政府投入成本系数负相关，与政府投入对研发成功的贡献系数正相关，且企业最优投入随其研发能力的增强而加大。最后，根据研究结论，从政府预算、项目前景及支持性资源分配3个方面提出共性技术研发外包合同实施的政策建议。     

上市公司股价与经理人薪酬合同设计

在成熟规范市场,由于股票价格长期看能比较准确地反映企业的市场价值,所以股票价格可作为经理人的长期和综合的业绩度量指标。股票价格的主要激励工具为经理人期权和限制性股权,期权作为股票价格的非线性合同,能够带来更强的激励效率,适用于能力较高的经理人和质量较差的项目。     

Optimism bias and incentive contracts in portfolio delegation

This paper incorporates the well-documented managerial optimism bias into a standard portfolio delegation problem to study its impact on investment strategies and the optimal incentive contract offered by the investor to the manager. It is shown that the optimistic manager trades a larger quantity of the risky asset and thus takes more risk than the rational manager. Managerial optimism bias can offset her risk aversion and increase the investor's wealth by reducing moral hazard between the investor and the manager. Furthermore, a pronounced optimism bias reduces the incentive component of the incentive contract, suggesting that an optimistic manager requires fewer incentives to align her decisions with the interests of the investor.     

Legal Institutions, Sectoral Heterogeneity, and Economic Development

Poor countries have lower PPP-adjusted investment rates and face higher relative prices of investment goods. It has been suggested that this happens either because these countries have a relatively lower TFP in industries producing capital goods or because they are subject to greater investment distortions. This paper provides a micro-foundation for the cross-country dispersion in investment distortions. We first document that firms producing capital goods face a higher level of idiosyncratic risk than their counterparts producing consumption goods. In a model of capital accumulation where the protection of investors' rights is incomplete, this difference in risk induces a wedge between the returns on investment in the two sectors. The wedge is bigger, the poorer the investor protection. In turn, this implies that countries endowed with weaker institutions face higher relative prices of investment goods, invest a lower fraction of their income, and end up being poorer. We find that our mechanism may be quantitatively important.     

The Efficiency of Stock-Based Incentives: Experimental Evidence

The authors report the results of laboratory experiments in which subjects are offered contracts structured similar to equity compensation packages and result in subjects receiving cash payments that are a function of their effort and random factors. The authors compare the outcomes from alternative contractual forms to theoretical benchmarks and report the efficiency of the contracts to provide evidence on whether options or stocks that have same economic cost to the employer yield the same or different effort levels from the managers. Both contracts elicit lower levels of effort than would be chosen by an expected-payoff-maximizing decision maker. Effort choices under the option contract did not differ significantly from effort choices under the stock contract except for male subjects. The option contract elicits a higher effort level for these subjects and condition than the stock contract. Effort choices reflect loss aversion and regret based on past stock price realizations.     

Asymmetric information and contract design for payments for environmental services

In contractual relationships involving payments for environmental services, conservation buyers know less than landowners know about the costs of contractual compliance. Landowners in such circumstances use their private information as a source of market power to extract informational rents from conservation agents. Reducing informational rents is an important task for buyers of environmental services who wish to maximize the services obtained from their limited budgets. Reducing informational rents also mitigates concerns about the “additionality” of PES contracts because low-cost landowners are least likely to provide different levels of services in the absence of a contract. Paying low-cost landowners less thus makes resources available for contracts with higher opportunity cost landowners, who are more likely to provide substantially different levels of services in the absence of a contract. To reduce informational rents to landowners, conservation agents can take three approaches: (1) acquire information on observable landowner attributes that are correlated with compliance costs; (2) offer landowners a menu of screening contracts; and (3) allocate contracts through procurement auctions. Each approach differs in terms of its institutional, informational and technical complexity, as well as in its ability to reduce informational rents without distorting the level of environmental services provided. No single approach dominates in all environments. Current theory and empirical work provides practitioners with insights into the relative merits of each approach. However, more theoretical work and experimentation in the laboratory and the field are necessary before definitive conclusions about the superiority of one or more of these approaches can be drawn.     

Reforming corporate law in an emerging market

A sweeping and protracted reform of corporate law took place in Finland in the 1970s. We document how the reform brought significant improvements to investor protection and tightened disclosure rules at the cost of increasing the workload in corporate reporting. To study the economic consequences of the reform we develop a simple coordination game where the effects of investor protection on corporate valuation vary with equilibria. Then, using firm‐level daily stock return data, we find that the Finnish stock market generally reacts negatively to news of increased investor protection and workload, whereas news of delays in implementation of reform generate largely positive market responses. These results raise the question of whether stronger investor protection and greater transparency unambiguously promote development of stock markets.     

Renegotiation in agency contracts, menus vs. simple contracts

The literature on contracts has shown that renegotiation in agency relationships generates efficiency losses when the principal leads the renegotiation. We show that contractual incompleteness may reduce such efficiency loss. This provides an explanation to the widespread use of simple contracts. We further point at the limited liability of the agent as a source of inefficiency when he leads the renegotiation; this latter result tempers the irrelevancy of contractual incompleteness demonstrated earlier in the literature. I thank E. Del Rey and the referees for their helpful comments and suggestions. Financial support from the EU RTN grant HPRN-CT-2000-00064 is gratefully acknowledged.