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Stairway to Heaven or Highway to Hell: Liquidity, Sweat Equity, and the Uncertain Path to Ownership 通往天堂的阶梯还是通往地狱的高速公路:流动性、血汗股权和通往所有权的不确定路径
Pub Date : 2010-09-01 DOI: 10.2139/ssrn.1685322
Curtis R. Taylor, Giuseppe Lopomo, Vijaykrishna Venkataraman
A principal contracts optimally with an agent to operate a firm over an infinite time horizon when the agent is liquidity constrained and has access to private information about the sequence of cost realizations. We formulate this mechanism design problem as a recursive dynamic program in which promised utility to the agent is the relevant state variable. By establishing that output distortions and the stringency of liquidity constraints decrease monotonically in promised utility, we are able to interpret the state variable as the agent’s equity in the firm. We establish a bang-bang property of optimal contracts wherein the agent is incentivised only through adjustments to his future utility until achieving a critical level of equity, after which he may be incentivised through cash payments, that is, through instantaneous rents. Thus the incentive scheme resembles what is commonly regarded as a sweat equity contract, with all cash payments net of costs (rents) being back loaded. A critical level of sweat equity occurs when none of the agent’s liquidity constraints bind. At this point, the contract calls for efficient production in all future periods and the agent attains a vested ownership stake in the firm. Finally, properties of the theoretically optimal contract are shown to be similar to features common in real-world work-to-own franchising agreements and venture capital contracts.
当代理人流动性受限,并能获得有关成本实现顺序的私人信息时,委托人与代理人签订了在无限时间范围内经营公司的最佳契约。我们将该机制设计问题表述为递归动态规划,其中对agent的承诺效用是相关的状态变量。通过确定产出扭曲和流动性约束的严格性在承诺效用中单调减小,我们可以将状态变量解释为代理在公司中的权益。我们建立了最优契约的bang-bang属性,其中代理人只能通过调整其未来效用来获得激励,直到达到关键的权益水平,之后他可以通过现金支付来获得激励,即通过瞬时租金。因此,这一激励方案类似于通常被视为血汗股权合同的形式,所有现金支付扣除成本(租金)后都将被返还。当代理人的流动性约束不受约束时,血汗权益就会达到临界水平。在这一点上,合同要求在未来的所有时期有效生产,代理人获得了公司的既定所有权股份。最后,理论上最优合同的性质与现实世界中“以工作换所有权”的特许经营协议和风险投资合同中常见的特征相似。
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引用次数: 26
Paired Corporate Bond Trades 配对公司债券交易
Pub Date : 2010-07-26 DOI: 10.2139/ssrn.1648994
Eric Zitzewitz
Using a newly introduced TRACE variable that identifies the side(s) taken by dealers in each trade, I find that 37 percent of dealer-client trades are accompanied by an inter-dealer trade, usually for the exact same quantity and often executed at the exact second as the client trade. All but 0.4 percent of these trade pairs would involve a non-negative profit for a dealer who was involved in both trades. Pairing is much more common for small trades - 46 percent of trades under $100,000 are paired, but only 4.5 percent of trades of $500,000 and above. Controlling for trade size, pairing is less common for trades by institutional clients. Paired trades involve higher trading costs, which are split roughly 50-50 between the pairing dealer and the dealer ultimately taking the other side. Taken together, the evidence suggests that pairing is a symptom of clients being unable to search over the entire market, producing nearly risk-free trading profits for dealers with client relationships or contractual rights to handle order flow.
使用一个新引入的TRACE变量来确定每笔交易中交易商所采取的一方,我发现37%的交易商-客户交易伴随着交易商之间的交易,通常是相同数量的交易,并且通常在客户交易的同一秒执行。在这些交易对中,只有0.4%的交易对涉及两种交易的交易商都是非负利润。结对交易在小额交易中更为常见——10万美元以下的交易中有46%是结对交易,但50万美元及以上的交易中只有4.5%是结对交易。在控制交易规模的情况下,机构客户的交易配对不太常见。配对交易涉及更高的交易成本,配对交易商和最终选择另一方的交易商之间的交易成本大约是五五开。综合来看,证据表明,配对是客户无法搜索整个市场的一种症状,为拥有客户关系或合同权利来处理订单流的交易商带来了几乎无风险的交易利润。
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引用次数: 15
Optimal Incentive Contracts Under Moral Hazard When the Agent is Free to Leave 道德风险下代理人自由离开的最优激励契约
Pub Date : 2010-07-01 DOI: 10.2139/SSRN.1986264
Florian Englmaier, Gerd Muehlheusser, Andreas Roider
We characterize optimal incentive contracts in a moral hazard framework extended in two directions. First, after effort provision, the agent is free to leave and pursue some ex-post outside option. Second, the value of this outside option is increasing in effort, and hence endogenous. Optimal contracts may entail properties such as inducing first-best effort and surplus, or non-responsiveness with respect to changes in verifiable parameters. Moreover, while always socially inefficient, separation might occur in equilibrium. Except for the latter, these findings are robust to renegotiation. When the outside option is exogenous instead, the standard results obtain.
我们在一个向两个方向扩展的道德风险框架中刻画了最优激励契约。首先,在付出努力后,代理人可以自由离开,并追求一些事后的外部选择。其次,这种外部选择的价值在努力中不断增加,因此是内生的。最优契约可能包含诸如诱导第一最佳努力和剩余,或对可验证参数的变化无响应等属性。此外,尽管分离在社会上总是低效的,但它可能在均衡状态下发生。除了后者之外,这些发现对重新谈判是强有力的。当外部选项为外生选项时,得到标准结果。
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引用次数: 3
Competition with Exclusive Contracts and Market-Share Discounts 与独家合同和市场份额折扣的竞争
Pub Date : 2009-12-01 DOI: 10.2139/ssrn.1522195
G. Calzolari, V. Denicoló
We study the effects of exclusive contracts and market-share discounts (i.e., discounts conditioned on the share a firm receives of the customer's total purchases) in an adverse selection model where firms supply differentiated products and compete in non-linear prices. We show that exclusive contracts intensify the competition among the firms, increasing consumer surplus, improving efficiency, and reducing profits. Firms would gain if these contracts were prohibited, but are caught in a prisoner's dilemma if they are permitted. In this latter case, allowing firms to offer also market-share discounts unambiguously weakens competition, reducing efficiency and harming consumers. However, starting from a situation where exclusive contracts are prohibited, the effect of market-share discounts (which include exclusive contracts as a limiting case) is ambiguous.
在逆向选择模型中,我们研究了排他性合同和市场份额折扣(即,折扣取决于企业获得的客户总购买量的份额)的影响,其中企业提供差异化产品并以非线性价格竞争。我们发现排他性合同加剧了企业间的竞争,增加了消费者剩余,提高了效率,降低了利润。如果这些合同被禁止,企业将获益,但如果允许,企业将陷入囚徒困境。在后一种情况下,允许公司提供市场份额折扣无疑会削弱竞争,降低效率并伤害消费者。然而,从禁止排他性合同的情况出发,市场份额折扣(包括排他性合同作为限制情况)的效果是模糊的。
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引用次数: 87
Catastrophe Bonds and Reinsurance: The Competitive Effect of Information-Insensitive Triggers 巨灾债券与再保险:信息不敏感触发因素的竞争效应
Pub Date : 2009-09-01 DOI: 10.1111/j.1539-6975.2009.01317.x
Silke Finken, C. Laux
We identify a new benefit of index or parametric triggers. Asymmetric information between reinsurers on an insurer's risk affects competition in the reinsurance market: reinsurers are subject to adverse selection, since only high-risk insurers may find it optimal to change reinsurers. The result is high reinsurance premiums and cross-subsidization of high-risk insurers by low-risk insurers. A contract with a parametric or index trigger (such as a catastrophe bond) is insensitive to information asymmetry and therefore alters the equilibrium in the reinsurance market. Provided that basis risk is not too high, the introduction of contracts with parametric or index triggers provides low-risk insurers with an alternative to reinsurance contracts, and therefore leads to less cross-subsidization in the reinsurance market.
我们确定了索引或参数触发器的一个新好处。再保险公司之间关于保险公司风险的信息不对称影响再保险市场的竞争:再保险公司受制于逆向选择,因为只有高风险的保险公司可能会发现更换再保险公司是最优的。其结果是高再保险保费和低风险保险公司对高风险保险公司的交叉补贴。具有参数或指数触发器的合约(如巨灾债券)对信息不对称不敏感,因此改变了再保险市场的均衡。在基差风险不太高的情况下,引入参数触发或指数触发合同为低风险保险人提供了再保险合同的另一种选择,从而减少了再保险市场的交叉补贴。
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引用次数: 76
Dynamic Defined-Contribution Pension Design with Adverse Selection and Moral Hazard 具有逆向选择和道德风险的动态固定缴款养老金设计
Pub Date : 2009-03-30 DOI: 10.2139/ssrn.1954235
Tsz-Nga Wong
We study voluntary defined-contribution pension contracts with the incentive problem of early retirement and low contributions over time. Agents are free to retire, quit a plan and choose between plans. The fluctuation of labor productivity throughout working life and the length of working life are private information. The optimal contract can be implemented through transfers (sometimes negative) and contribution deductions from agents' pensions over time. The optimal contract features a punishment phase, an accumulation phase and a retirement phase. We find that the amount of pension is higher under the optimal contract than under laissez faire. Working agents enjoy higher consumption, contribute less, and retire later. The result is robust to different environments.
研究了具有提前退休和低缴费激励问题的自愿性固定缴款养老金合同。代理人可以自由地退休、退出一个计划,并在计划之间进行选择。劳动生产率在整个工作寿命中的波动和工作寿命的长短都是私人信息。最优的合同可以通过转移(有时是负的)和从代理人的养老金中扣除缴款来实现。最优契约具有惩罚阶段、积累阶段和退休阶段。我们发现,在最优契约下,养老金的数额比在自由放任下要高。在职代理人消费更高,贡献更少,退休更晚。结果对不同的环境具有鲁棒性。
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引用次数: 0
Rights, Remedies, and Causes of Action 权利、救济和诉因
Pub Date : 2009-02-16 DOI: 10.5040/9781472560223.ch-020
Stephen Smith
This paper argues that to understand court orders (e.g., injunctions, specific performance, orders to pay damages, etc.) it is necessary to distinguish clearly between their content and their existence. The reasons that justify the content of a court order are different from the reasons that justify making an order at all. In terms of their content, many court orders merely confirm duties that arise from non-wrongs, such as the non-wrong of making a contract or receiving a mistaken payment. The duties recognized in such orders (e.g., to pay a contractual debt, to return a mistaken payment) are not duties to remedy wrongs; they are duties not to commit wrongs. In this respect, Peter Birks was correct to query the practice of describing court orders as remedies. But in terms of the reasons for making court orders, an examination of the most important categories of orders shows that they are not made except on proof of an actual or imminent wrong. In this respect, it is correct to say, with Blackstone (and against Birks), that court orders are remedial, even when the duties they enforce arise from a non-wrong. The general theme of the essay, therefore, is the importance of understanding both why courts order defendants to do or not do particular things and (what is a different issue) why courts agree to make orders at all.
本文认为,要理解法院命令(如禁令、强制执行、损害赔偿命令等),有必要明确区分其内容及其存在。证明法院命令内容正当的理由与证明做出命令正当的理由是不同的。就其内容而言,许多法院命令仅仅确认由非错误产生的义务,例如订立合同或接受错误付款的非错误。此类命令中承认的义务(例如,支付合同债务,退回错误付款)不是纠正错误的义务;不做错事是一种义务。在这方面,彼得·伯克斯对将法院命令描述为补救措施的做法提出质疑是正确的。但是,就发出法院命令的理由而言,对最重要的命令类别的审查表明,除非有证据证明存在实际或迫在眉睫的错误,否则不会发出法院命令。在这方面,就黑石案(以及针对伯克斯案)而言,可以正确地说,法院的命令是补偿性的,即使它们所执行的义务是由非过错引起的。因此,这篇文章的总体主题是理解法院为什么命令被告做或不做特定事情以及(这是另一个问题)为什么法院同意做出命令的重要性。
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引用次数: 1
Privatization and Competition in the Delivery of Local Services: An Empirical Examination of the Dual Market Hypothesis 地方服务交付中的私有化与竞争:双重市场假说的实证检验
Pub Date : 2008-04-01 DOI: 10.2139/ssrn.1843146
G. Bel, Xavier Fageda
This paper empirically analyses the hypothesis of the existence of a dual market for contracts in local services. Large firms that operate on a national basis control the contracts for delivery in the most populated and/or urban municipalities, whereas small firms that operate at a local level have the contracts in the least populated and/or rural municipalities. The dual market implies the high concentration and dominance of major firms in large municipalities, and local monopolies in the smaller ones. This market structure is harmful to competition for the market as the effective number of competitors is low across all municipalities. Thus, it damages the likelihood of obtaining cost savings from privatization.
本文对地方服务业合同存在双重市场的假设进行了实证分析。在全国范围内经营的大公司控制着人口最多和(或)城市的交付合同,而在地方一级经营的小公司则控制着人口最少和(或)农村城市的合同。双重市场意味着大城市的大公司高度集中和占主导地位,而小城市的地方垄断。这种市场结构不利于市场竞争,因为所有城市的有效竞争者数量都很低。因此,它损害了从私有化中获得成本节约的可能性。
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引用次数: 138
The Contract and the Market: Towards a Broader Notion of Transaction? 契约与市场:走向更广阔的交易概念?
Pub Date : 2007-07-29 DOI: 10.2139/ssrn.2473437
A. Nicita, Massimiliano Vatiero
This paper seeks to extend the standard assumption concerning incomplete contracts (New Institutional Economics). It is based on a very specific market transaction, within which parties can not affect the market structure. Instead, referring to transaction as introduced by John R. Commons, we want to stress in an incomplete contract the impact of competition dynamics on parties "bargaining power and parties" incentives to influence market competition in order to enhance their bargaining power. This view leads to broader and (sometimes divergent) results with respect to standard literature on incomplete contract.
本文试图扩展关于不完全契约的标准假设(新制度经济学)。它是基于一个非常具体的市场交易,其中各方不能影响市场结构。相反,参考John R. Commons引入的交易,我们希望在不完全合同中强调竞争动态对各方“议价能力”的影响,以及各方为了提高议价能力而影响市场竞争的动机。这种观点导致了关于不完全契约的标准文献的更广泛和(有时是不同的)结果。
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引用次数: 14
On the Optimality of Linear Contracts to Induce Goal-Congruent Investment Behavior 论诱导目标一致投资行为的线性契约的最优性
Pub Date : 2004-07-01 DOI: 10.2139/ssrn.1027075
L. Velthuis, T. Pfeiffer
It has become increasingly popular in practice to implement incentive systems that create goal-congruent investment behaviour between central and divisional management. In the following paper, it is shown that only linear contracts enable goal-congruent investment decisions if central management does not have information about the investment project. This might cast a new light on why linear compensation schemes are often used in practice.
在实践中,实施激励制度,在中央和部门管理之间创造目标一致的投资行为,已变得越来越流行。在下面的文章中,我们证明了当中央管理层没有关于投资项目的信息时,只有线性契约才能实现目标一致的投资决策。这可能会让人们对为什么在实践中经常使用线性补偿方案有一个新的认识。
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引用次数: 7
期刊
ERN: Economics of Contract: Theory (Topic)
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