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Contractual Remedies to the Holdup Problem: A Dynamic Perspective

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Author Info
Yeon-Koo Che
Jozsef Sakovics ()

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Abstract

An important theme of modern contract theory is the role contracts play to protect parties from the risk of holdup and thereby encouraging their relationship specific investments. While this perspective has generated valuable insights about various contracts, the underyling models abstract from realistic investment dynamics. We reexamine the role of contracts in a dynamic model that endogenizes the timing of investments and trade. The resulting interaction between bargaining and investment significantly alters the insights learned from static models. We show that contracts that would exacerbate the parties’ vulnerability to holdup — rather than those protecting them from the risk of holdup — can be desirable. For this reason, separate ownership of complementary assets can be optimal, an exclusivity agreement can protect the investments of its recipient, trade contracts can be beneficial with a purely cooperative investment, and the property rule can offer a better legal protection against externalities loss than the liability rule, much in contrast to the existing results (based on static models).

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Paper provided by Edinburgh School of Economics, University of Edinburgh in its series ESE Discussion Papers with number 100.

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Length: 40
Date of creation: Mar 2004
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Handle: RePEc:edn:esedps:100

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This paper has been announced in the following NEP Reports: Cited by:
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  1. Chrysovalantou Milliou, 2004. "Exclusive Dealing And Compatibility Of Investments," Economics Working Papers we044919, Universidad Carlos III, Departamento de Economía. [Downloadable!]
  2. Matthew Ellman, 2006. "The Optimal Length of Contracts with Application to Outsourcing," Economics Working Papers 965, Department of Economics and Business, Universitat Pompeu Fabra. [Downloadable!]
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This page was last updated on 2009-12-1.


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