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Evaluating the Case for Regulation of Digital Platforms 评估数字平台监管的案例
Pub Date : 2020-11-11 DOI: 10.2139/ssrn.3733741
G. Colangelo
The aim of this chapter is to analyze recently released reports and policy papers to evaluate whether regulatory interventions reflect the distinctive features of digital markets and their leading players or whether the main thrust of these proposals for regulatory interventions is just to circumvent the burdens imposed by standard antitrust analysis. My findings suggest that the revival of regulation is likely motivated by an alleged antitrust enforcement failure as a result of an alleged gap in the current antitrust rules, rather than by an authentic market failure.
本章的目的是分析最近发布的报告和政策文件,以评估监管干预是否反映了数字市场及其主要参与者的独特特征,或者这些监管干预建议的主要目的是否只是为了规避标准反垄断分析所带来的负担。我的研究结果表明,监管的复苏很可能是由当前反垄断规则中所谓的差距导致的反垄断执法失败所驱动的,而不是由真正的市场失灵所驱动的。
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引用次数: 2
The Economics of Digital Platforms: A Guide for Regulators 《数字平台经济学:监管者指南》
Pub Date : 2020-11-11 DOI: 10.2139/ssrn.3733754
M. Baye, Jeffrey T. Prince
This paper examines the economics of digital platforms and two-sided markets and discusses the economic conditions that underlie policy assertions by advocates of both interventionist and laissez-faire policies. We include applications to internet search, online advertising, media, data, and privacy. Our goal is to provide a balanced look at the economic assumptions that underlie the many “possibility theorems” policymakers use to rationalize different policies (e.g., regulation, breaking up large companies, subsidizing entry, forced data sharing, or maintaining the status quo). Our discussion of the economics underlying various possibility theorems highlights the type of information and analyses required to determine whether alternative forms of intervention are likely to enhance the welfare of various market participants. While it is relatively easy to identify theoretical conditions under which intervention dominates the status quo (and vice versa), empirical verification is difficult because multi-sided platforms have many interrelated parts and involve complex data. These complexities augment the challenges inherent in implementing welfare-enhancing policies and highlight the importance of evidence-based decision-making.
本文考察了数字平台和双边市场的经济学,并讨论了干预主义和自由放任政策倡导者的政策主张背后的经济条件。我们的应用包括互联网搜索、在线广告、媒体、数据和隐私。我们的目标是平衡地看待经济假设,这些假设是政策制定者用来合理化不同政策(例如,监管、拆分大公司、补贴进入、强制数据共享或维持现状)的许多“可能性定理”的基础。我们对各种可能性定理背后的经济学的讨论强调了确定替代形式的干预是否有可能提高各种市场参与者的福利所需的信息和分析的类型。虽然相对容易识别干预主导现状的理论条件(反之亦然),但由于多边平台有许多相互关联的部分,并且涉及复杂的数据,因此经验验证很困难。这些复杂性增加了实施福利促进政策所固有的挑战,并突出了基于证据的决策的重要性。
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引用次数: 1
What Does Expanding Horizontal Control Mean for Antitrust Enforcement? A Look at Mergers, Partial Ownership, and Joint Ventures 扩大横向控制对反垄断执法意味着什么?并购、部分所有权和合资企业
Pub Date : 2020-11-04 DOI: 10.2139/ssrn.3730310
Diana L. Moss
The many mechanisms for expanding horizontal ownership and control of economic resources pose ongoing challenges for merger enforcement. This is readily apparent in markets that have undergone profound structural change from horizontal consolidation and rising concentration over the last several decades, including wireless telecommunications, airlines, hospitals, health insurance, meat processing, and others. Horizontal control is a central concept in industrial organization and frequently encountered concern in antitrust enforcement. For example, the vast majority of all merger transactions challenged by the U.S. Department of Justice (DOJ) Antitrust Division and Federal Trade Commission (FTC) involve some form of horizontal control. Horizontal mergers that completely and permanently eliminate an independent competitor receive the most attention. But other forms of horizontal control that do not completely eliminate a rival — including acquisitions of partial ownership stakes and some joint venture agreements — have no less important implications for competition and consumers. For example, production, marketing, and R&D joint ventures (or “competitor collaborations”) can weaken incentives for parties to the agreement to compete independently. Such arrangements have become more common, as we have seen, for example, in the agricultural biotechnology and pharmaceutical sectors. Rivals’ partial ownership stakes in each other, and private equity and institutional investors that acquire stakes in multiple rivals competing in the same product markets, can also weaken competitive incentives. Private equity buyouts raise broader concerns about the damage left behind in the wake of rapid exits and in raising prices to consumers. Yet there remains little transparency around the role of private equity in the broader landscape of horizontal control. Moreover, research indicates that partial ownership can lessen incentives to compete more than under a monopoly. Meanwhile, there is ongoing debate over whether antitrust can reach to competitive issues raised by institutional investor ownership of stock in rivals in sectors such as airlines and banking. As antitrust enforcers try to keep pace with the many forms of horizontal control and their competitive implications, we see indications of weakening merger enforcement under Section 7 of the Clayton Act. For example, the scales have tipped sharply toward merging parties in merely predicting the pro-competitive effects of their deals, while the government bears a nearly insurmountable burden of proving that a merger will harm competition. Research shows that the benefits of mergers are often speculative and never materialize, leaving consumers with higher prices, lower quality, less innovation. Moreover, data on merger enforcement reveals that the antitrust agencies increasingly seek remedies for problematic mergers, rather than moving to block them or to force their abandonment. Yet we see a growing list o
扩大经济资源横向所有权和控制的许多机制对合并的执行构成了持续的挑战。在过去几十年经历了横向整合和集中度上升的深刻结构变化的市场中,这一点很明显,包括无线电信、航空、医院、健康保险、肉类加工等。横向控制是产业组织中的一个核心概念,也是反垄断执法中经常遇到的问题。例如,美国司法部(DOJ)反垄断部门和联邦贸易委员会(FTC)质疑的绝大多数合并交易都涉及某种形式的横向控制。完全和永久消除独立竞争者的横向合并最受关注。但其他没有完全消灭竞争对手的横向控制形式——包括收购部分股权和一些合资协议——对竞争和消费者的影响同样重要。例如,生产、营销和研发合资企业(或“竞争对手合作”)会削弱协议各方独立竞争的动机。正如我们在农业生物技术和制药部门所看到的那样,这种安排已变得更加普遍。竞争对手相互持有部分股权,以及私募股权和机构投资者收购在同一产品市场竞争的多家竞争对手的股权,也会削弱竞争激励。私人股本收购引发了更广泛的担忧,即快速退出和价格上涨给消费者带来的损害。然而,在更广泛的横向控制格局中,私人股本所扮演的角色仍然缺乏透明度。此外,研究表明,部分所有权比垄断更能减少竞争的动力。与此同时,关于反垄断是否可以触及机构投资者持有航空和银行业等行业竞争对手股票所引发的竞争问题,目前仍存在争论。由于反垄断执法者试图跟上多种形式的横向控制及其竞争影响的步伐,我们看到了《克莱顿法》第7条削弱合并执法的迹象。例如,在预测并购交易对竞争有利的影响方面,天平已经急剧向并购方倾斜,而政府则承担着几乎无法逾越的责任,要证明并购会损害竞争。研究表明,并购的好处往往是投机性的,永远不会实现,给消费者带来的是更高的价格、更低的质量和更少的创新。此外,关于合并执行的数据显示,反垄断机构越来越多地为有问题的合并寻求补救措施,而不是采取行动阻止它们或强迫它们放弃。然而,我们看到越来越多失败的并购补救措施,给消费者带来更高的价格、更低的质量和更少的创新。考虑到它的多面性、普遍性以及与市场集中度的必然联系,是时候重新审视横向控制了。本白皮书的分析揭示了在集中度上升、执法力度减弱、合并失败和合并补救的证据以及部分所有权模式的增长的背景下,反垄断执法面临的令人不安的问题。这些结论应该为潜在的反垄断改革建议和重振合并执法和竞争政策的方法提供信息。本文第一部分考察了不同形式的横向控制的竞争动态。第二部分审查了扩大横向控制所引起的主要执法和政策问题,并强调了急需分析的领域。这包括对失败的合并补救措施的分析,提起诉讼的合并是否产生了声称的利益,以及私人股本公司的部分所有权收购如何影响市场集中度。该文件还建议,这些机构在修订《高铁法案》(Hart Scott Rodino Act, HSR)备案要求的提议中,撤销针对部分所有权收购的“安全港”条款。
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引用次数: 0
Testing the Production Approach to Markup Estimation 测试标记估计的生产方法
Pub Date : 2020-10-21 DOI: 10.2139/ssrn.3324849
D. Raval
Under the production approach to markup estimation, any exible input should recover the markup. I test this implication using manufacturing datasets from Chile, Colombia, India, Indonesia, the US, and Southern Europe, as well as store-level data from a major US retailer, and overwhelmingly reject that markups estimated using labor and materials have the same distribution. For every dataset, markups estimated using labor are negatively correlated with markups estimated using materials, exhibit greater dispersion, and have opposite time trends. I continue to find stark differences in markups estimated using energy and non-energy raw materials. Non-neutral pro-ductivity differences across firms can explain these findings.
在标记估计的生产方法下,任何可操作的输入都应该恢复标记。我使用来自智利、哥伦比亚、印度、印度尼西亚、美国和南欧的制造业数据集以及来自美国一家主要零售商的商店级数据来测试这一含义,并且压倒性地拒绝使用劳动力和材料估算的加价具有相同的分布。对于每个数据集,使用人工估计的加价与使用材料估计的加价负相关,表现出更大的分散性,并且具有相反的时间趋势。我继续发现,使用能源和非能源原材料估算的价差存在明显差异。企业间非中性的生产率差异可以解释这些发现。
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引用次数: 45
The 'True and Full' Opportunity Costs Of Non-Compliance For Regulated Entities 受监管实体不合规的“真实和全部”机会成本
Pub Date : 2020-10-19 DOI: 10.2139/ssrn.3715026
D. Ireland
The scathing report of the American Congress in September 2020 on the Boeing 737 Max crashes and regulatory fiasco underlines the risks and dangers that result from governments and their regulatory authorities, regulated entities, the academic community and the media focusing solely on the business costs of regulatory compliance – while ignoring the costs of regulatory non-compliance for firms, the national economy and society. The purpose of the author’s research program and this working paper is to bring a behavioral economics lens to identifying the true and full opportunity costs of non-compliance by corporations and other regulated entities.

The paper argues that the conventional economics, and law and economics, approaches badly underestimate the net economic and social benefits from compliance and the true and full opportunity costs of non-compliance with laws, regulations and social norms. These more conventional approaches do not meet the interests and requirements of: governments and their regulatory authorities, civil society groups, potential and actual victims, and the overall society and national economy. Most importantly, this narrow benefit-cost approach and related metrics fall far short of satisfying the longer term regulatory requirements of regulated entities and their senior executives, managers, and employees, their compliance and corporate social responsibility advisors and divisions, and their supply chain and other business partners.

The working paper employs recent advances in the social psychology, behavioral economics, behavioral ethics, neuroscience, behavioral benefit-cost, and related less conventional economics literatures in order to identify twenty quite diverse but still interrelated sources and drivers of the true and full opportunity costs of non-compliance. These behaviorally informed sources and drivers are divided into three categories: (i) bounded rationality, cognitive scarcity, cognitive misers, and other system 1 attributes of the human brain; (ii) the financial, economic and social costs incurred and generated by non-compliant regulated entities; and, (iii) transaction, relationship and networking costs and related negative externalities.

The paper as well offers proposals on how: (i) state and non-state regulators can apply these behavioral insights on the opportunity costs of non-compliance when designing, implementing and framing their enforcement, deterrence, compliance promotion, communication, outreach and other activities; (ii) regulated entities can employ these insights when designing and implementing their corporate strategies on innovation, product development, marketing, voluntary compliance, and corporate social responsibility; (iii) consumers associations, environmental groups and other civil society groups as well as the academic and consulting communities can employ these insights in their analytical, advisory and advocacy functions; and (iv) more principles and
2020年9月,美国国会就波音737 Max坠机事件和监管惨败发表了措辞严厉的报告,强调了政府及其监管机构、被监管实体、学术界和媒体只关注合规的商业成本,而忽视了不合规给企业、国民经济和社会带来的成本,从而带来的风险和危险。作者的研究计划和这篇工作论文的目的是用行为经济学的视角来确定公司和其他受监管实体不合规的真实和全部机会成本。本文认为,传统经济学、法律经济学和经济学方法严重低估了遵守法律、法规和社会规范所带来的净经济效益和社会效益,以及不遵守法律、法规和社会规范的真实和全部机会成本。这些更传统的方法不符合政府及其监管机构、民间社会团体、潜在和实际受害者以及整个社会和国民经济的利益和要求。最重要的是,这种狭隘的效益-成本方法和相关指标远远不能满足受监管实体及其高级管理人员、经理和员工、其合规和企业社会责任顾问和部门、其供应链和其他业务伙伴的长期监管要求。这份工作文件采用了社会心理学、行为经济学、行为伦理学、神经科学、行为收益-成本以及相关的非常规经济学文献的最新进展,以确定20个相当不同但仍然相互关联的不合规真正和完全机会成本的来源和驱动因素。这些行为信息来源和驱动因素分为三类:(i)有限理性、认知稀缺性、认知吝啬鬼和人类大脑的其他系统1属性;(ii)不合规的受监管实体招致和产生的财务、经济和社会成本;(三)交易、关系和网络成本以及相关的负外部性。本文还提出了以下建议:(i)国家和非国家监管机构在设计、实施和构建执法、威慑、合规促进、沟通、推广和其他活动时,可以将这些行为见解应用于不合规的机会成本;(ii)受监管实体在设计和实施创新、产品开发、营销、自愿合规和企业社会责任方面的企业战略时,可以利用这些见解;(iii)消费者协会、环境团体和其他民间社会团体以及学术界和咨询界可以在其分析、咨询和宣传职能中利用这些见解;(四)更多以原则和结果为基础、包容、多中心和共享问责制的监管、法律和政策制度,可以使不合规的真实和全部机会成本对被监管实体和所有其他监管行为体来说更加生动、切实、突出和可操作。
{"title":"The 'True and Full' Opportunity Costs Of Non-Compliance For Regulated Entities","authors":"D. Ireland","doi":"10.2139/ssrn.3715026","DOIUrl":"https://doi.org/10.2139/ssrn.3715026","url":null,"abstract":"The scathing report of the American Congress in September 2020 on the Boeing 737 Max crashes and regulatory fiasco underlines the risks and dangers that result from governments and their regulatory authorities, regulated entities, the academic community and the media focusing solely on the business costs of regulatory compliance – while ignoring the costs of regulatory non-compliance for firms, the national economy and society. The purpose of the author’s research program and this working paper is to bring a behavioral economics lens to identifying the true and full opportunity costs of non-compliance by corporations and other regulated entities. <br><br>The paper argues that the conventional economics, and law and economics, approaches badly underestimate the net economic and social benefits from compliance and the true and full opportunity costs of non-compliance with laws, regulations and social norms. These more conventional approaches do not meet the interests and requirements of: governments and their regulatory authorities, civil society groups, potential and actual victims, and the overall society and national economy. Most importantly, this narrow benefit-cost approach and related metrics fall far short of satisfying the longer term regulatory requirements of regulated entities and their senior executives, managers, and employees, their compliance and corporate social responsibility advisors and divisions, and their supply chain and other business partners. <br><br>The working paper employs recent advances in the social psychology, behavioral economics, behavioral ethics, neuroscience, behavioral benefit-cost, and related less conventional economics literatures in order to identify twenty quite diverse but still interrelated sources and drivers of the true and full opportunity costs of non-compliance. These behaviorally informed sources and drivers are divided into three categories: (i) bounded rationality, cognitive scarcity, cognitive misers, and other system 1 attributes of the human brain; (ii) the financial, economic and social costs incurred and generated by non-compliant regulated entities; and, (iii) transaction, relationship and networking costs and related negative externalities. <br><br>The paper as well offers proposals on how: (i) state and non-state regulators can apply these behavioral insights on the opportunity costs of non-compliance when designing, implementing and framing their enforcement, deterrence, compliance promotion, communication, outreach and other activities; (ii) regulated entities can employ these insights when designing and implementing their corporate strategies on innovation, product development, marketing, voluntary compliance, and corporate social responsibility; (iii) consumers associations, environmental groups and other civil society groups as well as the academic and consulting communities can employ these insights in their analytical, advisory and advocacy functions; and (iv) more principles and ","PeriodicalId":11797,"journal":{"name":"ERN: Regulation (IO) (Topic)","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88412903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Regulating Natural Monopolies in Canada: An Introduction to 'Regulatory Failure and Renewal: The Evolution of the Natural Monopoly Contract', by John R. Baldwin 加拿大对自然垄断的监管:《监管失败与更新:自然垄断契约的演变》导论,约翰·r·鲍德温著
Pub Date : 2020-10-16 DOI: 10.2139/ssrn.3716335
I. Keay
In the first decades of the twenty-first century – more than 150 years after the earliest franchise contracts were negotiated between Canadian governments and privately owned utility companies, and 30 years after the Economic Council of Canada published John R. Baldwin’s "Regulatory Failure and Renewal: The Evolution of the Natural Monopoly Contract" in 1989 – the federal government still holds a controlling interest in more than 40 crown corporations. The provinces and territories in Canada own at least 150 more firms. These public enterprises typically operate in industries prone to the formation of what economists call “natural monopolies”, including pipelines, power generation, municipal water systems, transportation, broadcasting and telecommunications. A wide range of policy instruments can be used to regulate natural monopolies, and these instruments lead to different redistributive patterns, and different levels and forms of inefficiency. In general, the social, political and economic environments in Canada have been institutionally secure, mature and sophisticated. However, the division of power that defines the federal system of governance in Canada has opened the door for idiosyncratic provincial (and therefore municipal) policy making, which has lead to the adoption of a wide range of regionally distinct regulatory responses to the formation of natural monopolies.

In this introduction to Baldwin's classic work, the history of Canada's efforts to regulate natural monopolies is surveyed, and the lessons learned from a theoretical framework founded on a transactions cost approach are articulated. Questions about privatization and public ownership still swirl around Canada’s pipelines, telecommunication networks and transport systems. In pursuit of answers to these questions, this introduction explains how Baldwin’s work helps us to make sense of policy heterogeneity by describing how transactions costs have shifted across time and space, how courts have constrained government opportunism and defined property rights, how local industrial, economic and technological environments have interacted with political pressures, and how private and public stakeholders have strategically engaged with the policy making process in pursuit of influence and control.
在21世纪的头几十年里——距加拿大政府与私营公用事业公司谈判最早的特许经营合同已有150多年,距加拿大经济委员会于1989年出版约翰·r·鲍德温的《监管失败与更新:自然垄断合同的演变》已有30多年——联邦政府仍然控制着40多家国有企业。加拿大各省和地区拥有至少150多家公司。这些公共企业通常经营的行业容易形成经济学家所说的“自然垄断”,包括管道、发电、市政供水系统、交通、广播和电信。可以使用各种各样的政策工具来管制自然垄断,这些工具导致不同的再分配模式以及不同程度和形式的低效率。总的来说,加拿大的社会、政治和经济环境在制度上是安全、成熟和复杂的。然而,界定加拿大联邦治理体系的权力划分为特殊的省(因此也是市)政策制定打开了大门,这导致对自然垄断的形成采取了广泛的地区独特的监管反应。在对鲍德温经典著作的介绍中,对加拿大监管自然垄断的历史进行了调查,并从建立在交易成本方法基础上的理论框架中吸取了教训。私有化和公有制的问题仍然围绕着加拿大的管道、电信网络和运输系统。为了寻求这些问题的答案,本引言解释了鲍德温的工作如何通过描述交易成本如何跨越时间和空间转移,法院如何限制政府机会主义和定义产权,当地工业,经济和技术环境如何与政治压力相互作用,帮助我们理解政策异质性。以及私营和公共利益相关者如何战略性地参与政策制定过程,以追求影响力和控制权。
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引用次数: 1
Quality and Efficiency Between Public and Private Firms: Evidence From Ambulance Services 公共和私营企业之间的质量和效率:来自救护车服务的证据
Pub Date : 2020-10-16 DOI: 10.2139/ssrn.3713065
Daniel Knutsson, Björn Tyrefors
Economic theory predicts that outsourcing public services to private firms will reduce costs, but the effect on quality is ambiguous. We explore quality differences between publicly and privately owned ambulances in a setting where patients are as good as randomly assigned to ambulances of different ownership statuses. We find that privately owned ambulances are better at responding to contracted quality measures but perform worse on noncontracted measures, such as mortality. In fact, a randomly allocated patient has a significantly higher risk of death if a private ambulance is dispatched. We also present suggestive evidence on the mechanism, supporting that private firms cost innovate at the expense of ambulance staff quality.
经济理论预测,将公共服务外包给私人公司会降低成本,但对质量的影响是模糊的。在病人被随机分配到不同所有权状态的救护车的情况下,我们探讨了公立和私营救护车之间的质量差异。我们发现,私人拥有的救护车在应对合同质量指标方面表现较好,但在非合同指标(如死亡率)方面表现较差。事实上,如果派出私人救护车,随机分配的病人的死亡风险明显更高。我们还提出了关于该机制的暗示性证据,支持私营企业以牺牲救护人员质量为代价进行成本创新。
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引用次数: 0
On the Private and Social Value of Consumer Data in Vertically-Integrated Platform Markets 论垂直整合平台市场中消费者数据的私人价值和社会价值
Pub Date : 2020-10-11 DOI: 10.2139/ssrn.3709115
Jakub Kastl, Jorge Padilla, S. Piccolo, Helder Vasconcelos
We characterize and compare the private and social incentives to collect consumer data by a vertically-integrated online intermediary who competes with third-party sellers listed on its platform and is required by regulation to share with rivals all the information it gathers. With linear intermediation fees and price competition, the intermediary over-invests in accuracy compared to the social optimum when the intra-platform competition is sufficiently weak and when demand is not too responsive to quality. By contrast, the intermediary tends to under-invest in accuracy when the intra-platform competition is strong enough, and demand is sufficiently responsive to quality. With quantity competition, the intermediary always over-invests in accuracy. Importantly, when consumers exhibit privacy concerns, the over-investment problem worsens, whereas the under-investment problem mitigates. We also investigate the impact of alternative (non-linear) contractual arrangements.
我们描述并比较了一个垂直整合的在线中介收集消费者数据的私人和社会动机,该中介与在其平台上列出的第三方卖家竞争,并根据监管要求与竞争对手分享其收集的所有信息。在中介费和价格竞争呈线性的情况下,与社会最优相比,当平台内竞争足够弱,需求对质量的反应不太强烈时,中介对准确性的投资过度。相比之下,当平台内竞争足够激烈,需求对质量有足够的反应时,中介往往会对准确性投入不足。在数量竞争的情况下,中介往往过度投资于准确性。重要的是,当消费者表现出对隐私的担忧时,过度投资问题会恶化,而投资不足问题则会缓解。我们还研究了替代(非线性)合同安排的影响。
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引用次数: 3
Corporate Takeovers and Non-Financial Stakeholders 企业收购和非金融利益相关者
Pub Date : 2020-10-07 DOI: 10.1093/ACREFORE/9780190625979.013.617
Daniel Greene, Omesh Kini, Mo Shen, Jaideep Shenoy
A large body of work has examined the impact of corporate takeovers on the financial stakeholders (shareholders and bondholders) of the merging firms. Since the late 2000s, empirical research has increasingly highlighted the crucial role played by the non-financial stakeholders (labor, suppliers, customers, government, and communities) in these transactions. This article surveys studies that examine the interplay between corporate takeovers and the non-financial stakeholders of the firm. Financial economists have long viewed the firm as a nexus of contracts between various stakeholders connected to the firm. Corporate takeovers not only play an important role in redefining the broad boundaries of the firm, they also result in major changes to corporate ownership and structure. In the process, takeovers can significantly alter the contractual relationships with non-financial stakeholders. Because the firm’s relationships with these stakeholders are governed by implicit and explicit contracts, circumstances can arise that allow acquiring firms to, fully or partially, abrogate these contracts and extract rents from non-financial stakeholders after deal completion. In contrast, non-financial stakeholders can also potentially benefit from a takeover if they get to share in any efficiency gains that are generated in the deal. Given this framework, the ex ante importance of these contractual relationships can have a bearing on the efficacy of takeovers. The ability to alter contractual relationships ex post can affect the propensity of a takeover and merging firms’ shareholders, and, in turn, impact non-financial stakeholders. Non-financial stakeholders will be more vested in post-takeover success if they can trust the acquiring firm to not take actions that are detrimental to them. The big picture that emerges from the surveyed literature is that non-financial stakeholder considerations affect takeover decisions and post-takeover outcomes. Moreover, takeovers also have an impact on non-financial stakeholders. The directions of all these effects, however, are dependent on the economic environment in which the merging firms operate.
大量的工作研究了公司收购对合并公司的财务利益相关者(股东和债券持有人)的影响。自2000年代末以来,实证研究越来越强调非金融利益相关者(劳动力、供应商、客户、政府和社区)在这些交易中发挥的关键作用。本文调查了公司收购与公司非金融利益相关者之间相互作用的研究。长期以来,金融经济学家一直将企业视为与企业相关的各种利益相关者之间的契约纽带。公司收购不仅在重新界定公司的广泛边界方面发挥着重要作用,而且还导致公司所有权和结构的重大变化。在此过程中,收购可以显著改变与非金融利益相关者的合同关系。由于公司与这些利益相关者的关系受到隐性和显性合同的约束,因此可能出现允许收购公司在交易完成后全部或部分废除这些合同并从非金融利益相关者那里提取租金的情况。相比之下,非金融利益相关者也可能从收购中受益,如果他们能分享交易中产生的任何效率收益。在这种框架下,这些合同关系的事前重要性可能会对收购的有效性产生影响。事后改变合同关系的能力可以影响收购和合并公司股东的倾向,进而影响非财务利益相关者。如果非金融利益相关者能够信任收购方不会采取对他们不利的行动,那么他们将会在收购后的成功中获得更多利益。从调查文献中浮现的大图景是,非财务利益相关者的考虑影响收购决策和收购后的结果。此外,收购也会对非金融利益相关者产生影响。然而,所有这些影响的方向取决于合并企业所处的经济环境。
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引用次数: 0
Lessons From Global Reform Experiences for Revival of Indian Electricity Distribution Sector 全球改革经验对印度配电行业复兴的启示
Pub Date : 2020-10-05 DOI: 10.2139/ssrn.3705476
Suraj Santosh, A. Jindal
Indian electricity distribution sector remains elusive of competition and market principles; and past reforms have failed to produce the desired outcomes. A denovo rethink on the distribution reform programs is needed and for this purpose, we undertake a within country analysis of India and cross-country analysis in select countries having pioneered electricity distribution reforms through application of the Standard Reform Model. Countries surveyed include European nations such as Norway and United Kingdom; Latin American countries namely, Argentina, Brazil, Chile and Peru; and Asia-Pacific countries like Japan, New Zealand and Philippines. In a novel contribution to literature, the paper identifies specific lessons from global electricity reform experiences of these countries for successful application in Indian settings. Several key lessons emerge: first, decoupling network business from retail supply along with expeditious privatization of retail supply business to ensure accountability; second, moving away from rate of return regulation to incentive regulation framework to reward efficiency; and third, dissociation from political interference for ensuring cost reflective tariffs to enable long-term financial sustainability. The policy implications outlined by our study could rightly guide the ongoing debates on the distribution provisions in Draft Electricity (Amendment) Bill 2020 which seeks to metamorphosize the Indian electricity sector.
印度配电部门仍然难以捉摸竞争和市场原则;过去的改革未能产生预期的结果。需要对配电改革方案进行重新思考,为此,我们对印度进行了国内分析,并对通过应用标准改革模型率先进行配电改革的国家进行了跨国分析。接受调查的国家包括挪威和英国等欧洲国家;拉丁美洲国家,即阿根廷、巴西、智利和秘鲁;以及日本、新西兰和菲律宾等亚太国家。这篇论文对文献做出了新颖的贡献,它从这些国家的全球电力改革经验中确定了具体的经验教训,可以成功地应用于印度。总结出几个关键的经验教训:首先,将网络业务与零售供应脱钩,同时加快零售供应业务的私有化,以确保问责制;第二,从回报率监管转向激励监管框架,以奖励效率;第三,不受政治干预,以确保成本反射关税,从而实现长期财务可持续性。我们的研究概述的政策影响可以正确地指导正在进行的关于2020年电力(修正案)法案草案分配条款的辩论,该法案旨在改变印度电力部门。
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ERN: Regulation (IO) (Topic)
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