Incumbency and R&D Incentives: Licensing the Gale of Creative Destruction

This paper analyzes the relationship between incumbency and R&D incentives in the context of a model of technological competition in which technologically successful entrants are able to license their innovation to (or be acquired by) an incumbent. That such a sale should take place is natural, since postinnovation monopoly profits are greater than the sum of duopoly profits. We identify three key findings about how innovative activity is shaped by licensing. First, since an incumbent's threat to engage in imitative R&D during negotiations increases its bargaining power, there is a purely strategic incentive for incumbents to develop an R&D capability. Second, incumbents research more intensively than entrants as long as (and only if) their willingness to pay for the innovation exceeds that of the entrant, a condition that depends critically on the expected licensing fee. Third, when the expected licensing fee is sufficiently low, the incumbent considers entrant R&D a strategic substitute for in-house research. This prediction about the market for ideas stands in contrast to predictions of strategic complementarity in patent races where licensing is not allowed.     

竞争企业的技术许可与市场进入策略研究

本文对在位企业和潜在进入企业同时选择技术许可费并决定是否进入市场的策略进行了分析和讨论。我们证明如果在位平台企业收取的许可费小于某一临界水平,则潜在进入企业的的最优反应是不进入;如果收取的许可费大于某临界水平,则进入企业的最优反应是进入。另外,如果在位平台企业的初始网络规模和网络外部性足够强,则在位企业选择垄断的技术许可价格,并且进入企业选择不进入。如果初始网络优势不是很大,则潜在进入者的出现使得在位企业会降低技术许可费,以形成进入壁垒。     

Patent Settlements as a Barrier to Entry

We formulate a model of entry with two incumbent firms—a patent holder and an infringer—and a potential entrant, with asymmetric information about the validity of the infringed patent (patent strength) between incumbent firms and the entrant. Within this framework we show that patent settlements between the incumbent firms can be mutually beneficial even when the cost of trial is zero and the settlement agreement takes the form of a simple fixed license fee. For patents of intermediate strength, settlements are a tool for entry deterrence. The two parties agree on a high settlement amount which sends a credible signal to “outsiders” that the patent is not weak and therefore entry will not be profitable. This provides a novel explanation for the role of settlements and to the recent observation of high license fees negotiated in settlement agreements. It suggests that firms should disclose the settlement amount if they want to keep out further entrants. We also show that even nonreverse settlements that entail only a fixed fee can be anticompetitive because they are used to block entry.     

Managing technology licensing for stochastic R&D: from the perspective of an enterprise information system

Enterprise information technology (IT) plays an important role in technology innovation management for high-tech enterprises. However, to date most studies on enterprise technology innovation have assumed that the research and development (R&D) outcome is certain. This assumption does not always hold in practice. Motivated by the current practice of some IT industries, we establish a three-stage duopoly game model, including the R&D stage, the licensing stage and the output stage, to investigate the influence of bargaining power and technology spillover on the optimal licensing policy for the innovating enterprise when the outcome of R&D is uncertain. Our results demonstrate that (1) if the licensor has low (high) bargaining power, fixed-fee (royalty) licensing is always superior to royalty (fixed-fee) licensing to the licensor regardless of technology spillover; (2) if the licensor has moderate bargaining power and technology spillover is low (high) as well, fixed-fee (royalty) licensing is superior to royalty (fixed-fee) licensing; (3) under two-part tariff licensing and the assumption of licensors with full bargaining power, if a negative prepaid fixed fee is not allowed, two-part tariff licensing is equivalent to royalty licensing which is the optimal licensing policy; if negative prepaid fixed fee is allowed, the optimal policy is two-part tariff licensing.     

Innovation Strategy and Entry Deterrence

We model an incumbent’s decision to pursue radical or incremental innovation when facing a rival entrant. The radical innovation may yield lucrative financial returns but entails significant technological and market‐related uncertainties. It is also particularly attractive to the rival entrant: if the market for it pans out, such an innovation obsoletes the existing technology and any incremental improvements to it. Each firm has its own assessment of the market potential for the radical innovation, and the reliability of these market forecasts can differ. We show that when the entrant’s market‐assessment capability is weak, the incumbent will pursue incremental innovation and postpone its plans to develop radical innovation even when it thinks highly of the market potential for the radical innovation. The incumbent does so to avoid validating the high market potential to the entrant, who may otherwise be encouraged to invest aggressively. The incumbent thus prefers to look “soft” with respect to its innovation strategy in order to discourage entry. Even if its innovation strategy is not observable, we show that an incumbent that assesses the commercial potential for a radical innovation favorably may pursue an incremental path and communicate its plans publicly; this strategy serves to reduce entry by affecting the entrant’s beliefs about the market potential of the innovation. Finally, we extend the model to investigate the entrant’s decision to communicate its innovation intentions. We find that the entrant communicates its plans to aggressively pursue radical innovation only if the incumbent’s market‐assessment capabilities are strong. In doing so, the entrant acts preemptively to discourage the incumbent from pursuing the radical innovation, and is less concerned with validating market potential.     

Entry and Predation: British Shipping Cartels 1879–1929

I examine the outcomes of cases of entry by merchant shipping lines into established markets around the turn of the century. These established markets are completely dominated by an incumbent cartel composed of several member shipping lines. The cartel makes the decision whether or not to begin a price war against the entrant; some entrants are formally admitted to the cartel without any conflict. I use characteristics of the entrant to predict whether or not the entrant will encounter a price war conditional on entering. I find that weaker entrants are fought, where "weaker" means having fewer financial resources, less experience, smaller size, or poor trade conditions. The empirical results provide most support for the long-purse theory of predation. Due to the small number of observations available, 47, I discuss qualitative evidence (such as predatory intent expressed in correspondence between cartel members) that supports the empirical results. The results are also found to be robust to misclassification of the dependent variable, which is a particular concern when dealing with historical data.     

Licensing and innovation with imperfect contract enforcement

Licensing promotes technology transfer and innovation, but enforcement of licensing contracts is often imperfect. We model contract enforcement as a game with perfect information but probabilistic enforcement and explore the implications of weak enforcement on the design of licensing contracts, the conduct of firms, and market performance. An upstream firm develops a technology that it can license to downstream firms using a fixed fee and a per‐unit royalty. Strictly positive per‐unit royalties maximize the licensor's profit if competition among licensees limits joint profits. With imperfect enforcement, the licensor lowers variable royalties to avoid cheating. Although imperfect contract enforcement reduces the profits of the licensor, weak enforcement lowers prices, increases downstream innovation, and in some circumstances can increase total economic welfare.     

The effect of entrant brand's ownership on national brands' positioning strategies

National brand manufacturers face the threat of new product entry from not only their traditional competitors (other national brand manufacturers) but also from their own customers (the retailer). We compare how national brands can limit the loss due to entry of these two types of entrants by positioning of their brands. Our results show that national brands position farther from one another when the new entrant is a store brand than when the entrant is another national brand. We also find that due to different positioning strategies of these two types of entrant brands—the entrant store brand positioning “in‐between” incumbent national brands whereas the entrant national brand positioning “away” from incumbent national brands—incumbent national brands may lose more from the entry of a weaker store brand than from the entry of a stronger national brand. Finally, we find that taking into consideration both pricing and product positioning decisions, consumer and social welfare are generally higher from store brand entry than from national brand entry.     

On the probability of entry in potential competition cases

This paper explores, both theoretically and empirically, the extent to which having ‘other potential entrants’ to a market injected into potential-competition cases has been a worthwhile enterprise. This two-pronged attack leads to the conclusion that (he attempt to specifically identify potential entrants probably results in our deluding ourselves as to the likelihood that entry will occur, and that unless a convincing argument can be made to the effect that any given potential entrant from a stockpile of unnamed potential entrants is ‘reasonably likely’ to elect the entry option, expanding lhat stockpile will be similarly misleading.     

Potential competition and quality disclosure

This study presents a model of quality disclosure in which an incumbent, through its quality and disclosure choices, influences the potential that a new entrant enters the market. In this regard, we consider a sequential framework in which the incumbent chooses its quality and decides whether to disclose it to the market; subsequently, the entrant makes the same decisions, if it enters the market. We show that the potential competition can create strategic incentives for the incumbent to choose nondisclosure, because the availability of information about the incumbent's quality promotes entry by enhancing the entrant's expected profit from the market. In addition, an analysis of the effects of mandatory disclosure laws suggests that they can be effective in encouraging new market entrants and in improving the product quality of established firms.     

Real options game analysis of sleeping patents

Using the real options game approach, we analyze the two-stage preemptive patent-investment race between an incumbent and a challenger (new entrant) in a product market with profit flow uncertainty. The challenger can gain entry into the monopolized product market dominated by the incumbent by patenting related technologies for a substitute product. To maintain its monopolized advantage, the incumbent has an incentive to block challenger’s entry by patenting the substitute product before the challenger. Either firm can pay an upfront fee to gain an immediate acquisition of the patent and subsequently holding the real option to develop the new substitute product. Under our simplified real options game model, there is no potential patent litgation risk. Also, the costs of holding the patent, like the payment of annual fees, are taken to be zero. We provide a full characterization of the optimal strategies adopted by the incumbent and challenger firm in this asymmetric patent-investment race. In particular, we examine the phenomena of sleeping patent, where the patented product is not launched immediately into the product market.     

Determinants of technology licensing: the case of licensors

This paper empirically analyzes the behavior of technology licensors using a large dataset of US‐traded companies. The stock of technological knowledge of the licensor, this company's prior exposure to licensing, the rate of growth of its primary sector, the strength of IPR protection, and the nature of the technology are found to be important determinants of the propensity to sell technology through nonexclusive licenses. Smaller firms in industries with ‘simpler’ technologies tend to sell technology through exclusive licenses more than others. In contrast, larger firms in industries dealing with more ‘complex’ technologies engage relatively more in cross licensing. Copyright © 2006 John Wiley & Sons, Ltd.     

Location Decisions of Competing Networks

Early entrants in markets with network effects usually occupy a “central location” and serve agents with “intermediate tastes,” whereas later entrants are niche players. Why would the first entrant choose to become a “general” network, given that later entrants will not have enough room for differentiation, resulting in a more intense competition for market share? In a Hotelling model with two rival networks, we show that for intermediate values of the network externality parameter the location equilibrium is indeed asymmetric: the first entrant locates at the center whereas the second entrant chooses an extreme (niche) location.     

Becoming an HR strategic partner: tales of transition

This article aims to bridge the gap between previous examinations of HR strategic partnership from a role perspective and an emerging interest in the social construction of identity. I consider ‘strategic partner’ as a local, flexible social construction framed by the broader occupational context. Based on a year-long ethnographic study, I examine the experiences of HR practitioners ‘becoming’ strategic partners, considering the themes of becoming strategic, becoming a partner and remaining a generalist. Practitioners depict becoming strategic as a ‘release’ from previous constraints, with becoming a partner positioned as filling a gap created by clients' deficiencies in people management. Meanwhile, tensions develop as strategic partners attempt to retain a say in transactional issues. I reflect on the resulting practical issues while also considering the role of HR practitioners in, in the words of Helen Francis, ‘the dynamic and socially complex nature of HRM’.     

On testing separability restrictions with flexible functional forms

In this paper, we examine the implications of imposing separability on the translog and three other flexible forms. Our results imply that the Berndt-Christensen ‘nonlinear’ test for weak separability tests not only for weak separability, but also imposes a restrictive structure on the macro and micro functions for all currently known ‘flexible’ functional forms. For example, testing for weak separability using the translog as an exact form is in fact equivalent to testing for a hybrid of strong (additive) separability and homothetic weak separability with Cobb-Douglas aggregator functions. Our results show that these ‘flexible’ functional forms are ‘separability-inflexible’. That is, they are not capable of providing a second-order approximation to an arbitrary weakly separable function in any neighbourhood of a given point.     

Effects of Temporary Regulation of Asymmetric Access Charges in Telecommunications

In a liberalized telecommunications market, an incumbent possesses several advantages over any entrant. It has been claimed that in such a market environment, there should be regulation of asymmetric access charges between an incumbent and an entrant. In this paper, we show that asymmetric access charges should be imposed temporarily but not permanently. That is, there should be deregulation once the entrant is fully competitive with the incumbent. This is because temporary regulation accelerates corporate investment and enhances economic welfare. In addition, when the competitive market environment is most intense under temporary regulation, investment timing is at the earliest point, which maximizes consumer surplus. Copyright © 2015 John Wiley & Sons, Ltd.     

The Effect of Leasing versus Buying on Entry Deterrence

Models of entry deterrence typically require that incumbents possess a cost advantage as a prerequisite for deterring entry. Potential entrants possess a cost advantage over incumbents, however, if input costs fall over time. This paper models the behavior of an incumbent and a potential entrant when the input cost falls over time and the firms have the option of buying or leasing the input. The model shows that if the future cost savings from new technology exceed the marginal transaction costs of leasing the current equipment, then leasing increases the incumbent's ability to deter entry. Copyright © 2011 John Wiley & Sons, Ltd.     

Sustaining Collusion in Growing Markets

The impact of demand growth on the collusion possibilities is investigated in a Cournot supergame where market growth may trigger future entry and the collusive agreement is enforced by the most profitable ‘grim trigger strategies’ available. It is shown that even in situations where perfect collusion can be sustained after entry, coping with a potential entrant in a market which is growing over time may completely undermine any pre‐entry collusive plans of the incumbent firms. This is because, before entry, a deviation and the following punishment phase may become more attractive thanks to their additional effect in terms of delaying entry.     

Whom to license patented technology

This paper examines the optimal licensing policy of a patent holder when potential licensees differ in their capacities in absorbing the patented technology. If two-part tariffs with non-negative royalties and fixed fees are feasible, the patent holder finds it optimal to license the strong firm exclusively whether or not an exclusive licensing of the weak firm deters the strong firm from entering the market. Hence, the potential trade-offs between strategic gains associated with licensing to weak competitors and efficiency gains associated with licensing to efficient competitors do not exist when two part tariffs are available. © 1998 John Wiley & Sons, Ltd.     

Entry Deterrence, Product Quality: Price and Advertising as Signals

I analyze the marketing strategy of an incumbent monopolist facing a threat of entry. Product quality is unknown to consumers, and the monopolist's cost is unknown to the potential entrant. The incumbent uses both price and advertising to signal cost and quality. The monopolist faces a dilemma because signaling a high quality attracts customers but requires a high price, whereas signaling low cost prevents entry but requires a low price. I characterize the unique (stable) separating equilibrium and show that dissipative advertising may be used, while it is never used if either quality or cost is known. Some equilibria may involve pooling on cost. A welfare analysis indicates that potential entry may improve welfare and that the effect of unknown quality is not always negative when it interferes with entry deterrence.