论《土地管理法》修改对集体土地征收行政诉讼案件的影响

研究目的：分析新修改的《土地管理法》对中国集体土地征收行政诉讼案件的影响，厘清相关案件的审判思路。研究方法：立法目的解释、实证研究和原理论证。研究结果：征地批准行为将随着公共利益的明确、征前程序的完善以及征地审批权限的下放逐渐具备可诉性；预征收公告行为不可诉，但是不公告行为如果对被征收人的权利义务产生影响则可诉；预征收过程中，与被征收人签订补偿安置协议的主体，原则上应当是县级以上人民政府及其工作部门，但在制度设计上可以考虑参照《国有土地上房屋征收与补偿条例》的做法，对乡镇人民政府以相关单位进行授权和委托；预征收协议签订后，除补偿安置标准改变，一般不能因市场行情变化而申请变更协议内容；农民住宅的补偿应更多体现出财产属性。研究结论：此次修法使得集体土地征收从以行政权运作为主的模式演化为一种通过公共参与模式对集体土地进行开发利用的活动，拓宽了公私权力（利）交汇的领域，为相关领域司法审查预设了合理性。     

A game theoretic approach to optimize multi-stakeholder utilities for land acquisition negotiations with informality

To combat the critical stresses of rising urbanization, the government acquires land from private owners using the power of eminent domain. This land assembly causes negative externalities such as increasing social tension and injustice that may impose a long-term threat to stability and sustainable development. Therefore, there is a need to make the land acquisition process more transparent and just. Considering the unique Indian context where informality has a strong presence, we propose an approach based on game theory that models the bargain through a three-stage Nash equilibrium game. Four agents – the government, the private developer, the landowner, and the free rider – are considered. We provide conditional solutions for the generalizable Case and proceed to model different stakeholder behavior patterns through two utility functional forms – linear and exponential. In the linear case, we find that the free rider obtains half of the revenue of the project, whereas the landowner gains between one-fourth and one-half of the revenue. Thus, we highlight the undeniably crucial role free riders play in land acquisition negotiations. However, closed form solutions cannot be obtained for the exponential form, due to which we use simulations to demonstrate a solution procedure. We conclude by stating that the proposed model can be useful in formulating future land policies in a sustainable and inclusive manner, with optimal utility derivations for all concerned stakeholders. Our model can also be extended to other spatial contexts where informality features heavily in the land market, especially in the Global South.     

The long-run performance of acquiring firms in mergers and acquisitions: Does managerial ability matter?

This paper examines the association between the managerial ability of acquiring firms and their long-term performance after mergers and acquisitions (M&As). Based on M&A data for U.S. firms from 2000 to 2012, we find that acquiring firms with higher managerial ability achieve better long-term operating performance and stock returns. We also find that the positive effect of managerial ability on long-term performance is more pronounced when acquirers and target firms belong to the same industry. The result suggests that managers who have higher ability to manage their firms, i.e., to generate higher revenues for given resources, are more capable of achieving higher synergy benefits and better post-acquisition performance in same-industry acquisitions than in cross-industry acquisitions.     

并购对企业R&D投资的挤出效应研究——基于并购前后资产负债率变动的视角

创新是企业内涵式的增长方式,并购是企业外延式的增长方式。在资源有限的情况下,企业如何在这两种战略之间进行权衡?本文以2007-2018年沪深A股上市公司为研究样本,发现如果并购引起企业资产负债率增加,则会对并购后的R&D投资形成"财务侵占",从而对研发产生负面影响;这种抑制作用在主并企业存在融资约束的情况下会更加显著;按企业特征划分,这种抑制作用主要存在于小企业和民营企业。研究结果为基于边界条件的并购如何影响企业创新绩效提供了实证证据,同时也为企业进行相关战略变更和投资决策提供了有益参考。     

Potential heterogeneity in target’s value and jump bidding in takeover auctions

This ticle analyses the pre-emptive jump bidding equilibrium in takeover auctions when bidders’ valuations of the target firm follow truncated normal distribution. It shows that potential heterogeneity of the targets’ value, measured by the standard deviation of the bidders’ valuation function, is especially important when it is small and, for extremely small values, the second bidder is almost always pre-empted. It also shows that, contrary to regular clock-style auctions, the increase in standard deviation may negatively affect the expected profit of the first bidder.     

Can the affordable care act provisions explain the recent wave of acquisitions in the health insurance industry?

This research shows that the ACA health insurance exchanges have generated more merger activity in the health insurance market. The impact is robust to control for an extensive set of factors suggested by both neoclassical and behavioural frameworks. The economic impact of this ACA provision is substantial with 3.8 more months of unusually high merger activity or 52 more merger bids per year.     

Auditing Goodwill in the Post‐Amortization Era: Challenges for Auditors

The elimination of goodwill amortization in 2001 brought about significant change in how companies are required to account for goodwill. This change in accounting also brought with it new challenges for auditors, namely evaluating the reasonableness of management's assumptions related to goodwill valuation. In addition to introducing technical challenges, this task is particularly difficult given the misalignment in incentives it creates between managers who likely prefer to avoid recording an impairment and auditors who seek to minimize the bias in management's impairment testing. This study focuses on the consequences of the misaligned incentives that auditors face under the current goodwill assessment process. We find that the decision to record a goodwill impairment is associated with an increase in the probability of auditor dismissal. Consistent with the presence of significant friction with clients, our results also indicate that the likelihood of auditor dismissals is negatively related to the favorability of the impairment decision. Furthermore, we find that companies impairing goodwill prior to dismissing auditors subsequently employ auditors that are, on average, more favorable to clients in their impairment decisions.     

中小企业被并购过程中的价值综合评估

并购是企业为了扩大生产规模、提高经营效益所做出的重大战略调整。本文运用账面价值法,将企业各种因素赋予不同的权重,结合账面价值倍数参数(支付者愿意支付的净资产价值的倍数)评估企业的价值,得到了更为客观的企业价值参数,为并购决策提供了可靠的参考依据。     

Markets for information: Of inefficient firewalls and efficient monopolies

In this paper we study market environments where information is costly to acquire and is also useful to potential competitors. Agents may sell, or buy, reports over the information acquired and choose their trades in the market on the basis of what they learnt. Reports are unverifiable – cheap talk messages – hence the quality of the information transmitted depends on the conflicts of interest faced by the senders. We find that, when information has a prevalent horizontal differentiation component, in equilibrium information is acquired when its costs are not too high and in that case it is also sold, though reports are typically noisy. The market for information is in most cases a monopoly, and there is underinvestment in information acquisition. We also show that regulatory interventions, in the form of firewalls, only make the inefficiency worse. Efficiency can be attained with a monopolist selling differentiated information, provided entry is blocked.     

The aesthetic fidelity effect

Product aesthetics is a powerful means for achieving competitive advantage. Yet most studies to date have focused on the role of aesthetics in shaping pre-purchase preferences and have failed to consider how product aesthetics affects post-purchase processes and consumers' usage behavior. This research focuses on the relationship between aesthetics and usage behavior in the context of durable products. Studies 1A to 1C provide evidence of a positive effect of product aesthetics on usage intensity using market data from the car and the fashion industries. Study 2 corroborates these findings and shows that the more intensive use of highly aesthetic products may lead to the acquisition of product-specific usage skills that form the basis for a cognitive lock-in. Hence, consumers are less likely to switch away from products with appealing designs, an effect that is labeled as the ‘aesthetic fidelity’ effect. Study 3 addresses an alternative explanation for the ‘aesthetic fidelity effect’ based on mood and motivation but finds that the ‘aesthetic fidelity’ effect is indeed determined by usage intensity. Finally, Study 4 identifies a boundary condition of the positive effect of product aesthetics on product usage, showing that it is limited to durable products. In sum, this research demonstrates that the effects of product aesthetics extend beyond the pre-consumption stage and have an enduring impact on people's consumption experiences.