{"title":"Pay for Play: A Theory of Hybrid Relationships","authors":"T. Lewis, Alan L. Schwartz","doi":"10.1093/ALER/AHV012","DOIUrl":null,"url":null,"abstract":"Numerous “arrangements,” such as hybrids, alliances, joint ventures, are formed with the goal of creating a new product, such as a new drug or software application. Arrangements commonly require parties to make sunk-cost investments that the arrangement partner cannot observe, to disclose private information, and to make financing commitments. The requirements of efficient contracting—individual rationality, incentive compatibility, and budget balance—are difficult to satisfy in arrangement contexts, so that, as the literature suggests, parties’ best response is to form firms. We show, in contrast, that flexible and efficient contracting is possible for arrangements. With the arrival of new information, each party is asked to “pay-to -play” which requires the firms to agree to future terms of exchange that are mutually beneficial. When properly negotiated, these payments to play support the efficient multistage joint development of the new product, with hybrid relationships that are governed by conventional control rights and legal enforcement.","PeriodicalId":46133,"journal":{"name":"American Law and Economics Review","volume":"17 1","pages":"462-494"},"PeriodicalIF":1.0000,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/ALER/AHV012","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"American Law and Economics Review","FirstCategoryId":"96","ListUrlMain":"https://doi.org/10.1093/ALER/AHV012","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ECONOMICS","Score":null,"Total":0}
引用次数: 1
Abstract
Numerous “arrangements,” such as hybrids, alliances, joint ventures, are formed with the goal of creating a new product, such as a new drug or software application. Arrangements commonly require parties to make sunk-cost investments that the arrangement partner cannot observe, to disclose private information, and to make financing commitments. The requirements of efficient contracting—individual rationality, incentive compatibility, and budget balance—are difficult to satisfy in arrangement contexts, so that, as the literature suggests, parties’ best response is to form firms. We show, in contrast, that flexible and efficient contracting is possible for arrangements. With the arrival of new information, each party is asked to “pay-to -play” which requires the firms to agree to future terms of exchange that are mutually beneficial. When properly negotiated, these payments to play support the efficient multistage joint development of the new product, with hybrid relationships that are governed by conventional control rights and legal enforcement.
期刊介绍:
The rise of the field of law and economics has been extremely rapid over the last 25 years. Among important developments of the 1990s has been the founding of the American Law and Economics Association. The creation and rapid expansion of the ALEA and the creation of parallel associations in Europe, Latin America, and Canada attest to the growing acceptance of the economic perspective on law by judges, practitioners, and policy-makers.