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Renegotiation and the Form of Efficient Contracts

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  • Jerry R. Green
  • Jean-Jacques Laffont

Abstract

Two parties may agree to a mutually binding contract that will govern their behavior after an uncertain event becomes known. As there is no agent who can both observe this uncertain outcome and enforce the contract, contingent agreements are precluded. However, the parties recognize that the uncertain event will be common knowledge for them, and that they will be able to renegotiate the contract voluntarily, provided that they both gain in doing so. When structuring the original contract they can foresee this renegotiation phase. Efficient contracts are those that perform best, when taking this into account. This paper studies the form of such efficient contracts. It is shown that it is always better to have a contract than it is to have none, no matter which party has the preponderence of bargaining strength in the renegotiation phase. We also study whether renegotiation can substitute completely for the absence of contingent contracts. We characterize a family of cases where it can. And we present some "second-best" results in others, where it cannot.

Suggested Citation

  • Jerry R. Green & Jean-Jacques Laffont, 1992. "Renegotiation and the Form of Efficient Contracts," Annals of Economics and Statistics, GENES, issue 25-26, pages 123-150.
    • Handle: RePEc:adr:anecst:y:1992:i:25-26:p:123-150
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    Cited by:

    1. Guasch, J. Luis & Laffont, Jean-Jacques & Straub, Stephane, 2003. "Renegotiation of concession contracts in Latin America," Policy Research Working Paper Series 3011, The World Bank.
    2. Estache, Antonio & Quesada, Lucia, 2001. "Concession contract renegotiations : some efficiency versus equity dilemmas," Policy Research Working Paper Series 2705, The World Bank.
    3. Guasch, J. Luis & Laffont, Jean-Jacques & Straub, Stéphane, 2008. "Renegotiation of concession contracts in Latin America: Evidence from the water and transport sectors," International Journal of Industrial Organization, Elsevier, vol. 26(2), pages 421-442, March.
    4. Barney Hartman‐Glaser & Benjamin Hébert, 2020. "The Insurance Is the Lemon: Failing to Index Contracts," Journal of Finance, American Finance Association, vol. 75(1), pages 463-506, February.
    5. J. Luis Guasch & Jean-Jacques Laffont & Stéphane Straub, 2007. "Concessions of infrastructure in Latin America: Government-led renegotiation," Journal of Applied Econometrics, John Wiley & Sons, Ltd., vol. 22(7), pages 1267-1294.
    6. Baranchuk, Nina & Dybvig, Philip H. & Yang, Jun, 2010. "Renegotiation-proof contracting, disclosure, and incentives for efficient investment," Journal of Economic Theory, Elsevier, vol. 145(5), pages 1805-1836, September.
    7. Zoe Hitzig & Benjamin Niswonger, 2022. "Optimal Defaults, Limited Enforcement and the Regulation of Contracts," Papers 2203.01233, arXiv.org, revised May 2022.
    8. Jan Y. Sand, 2009. "Efficiency in complementary partnerships with competition," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 30(1), pages 57-70.
    9. Wang, Runhua, 2021. "Information asymmetry and the inefficiency of informal ip strategies within employment relationships," Technological Forecasting and Social Change, Elsevier, vol. 162(C).
    10. Suela E.Shpuza, 2016. "Quality of Service to the Regional Road Transport Service," European Journal of Multidisciplinary Studies Articles, Revistia Research and Publishing, vol. 1, January -.
    11. J. Luis Guasch, 2004. "Granting and Renegotiating Infrastructure Concessions : Doing it Right," World Bank Publications - Books, The World Bank Group, number 15024, December.
    12. Burkart, Olivier, 1993. "Renegotiation -and coalition- proof virtual Nash implementation," CEPREMAP Working Papers (Couverture Orange) 9322, CEPREMAP.
    13. Frédéric Marty & Arnaud Voisin, 2007. "Les difficultés d’exécution des Partenariats Public-Privé: le retour d’expérience des contrats de Private Finance Initiative britanniques," Documents de Travail de l'OFCE 2007-26, Observatoire Francais des Conjonctures Economiques (OFCE).

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