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Implications of Breach Remedy and Renegotiation for Design of Supply Contracts

  • Plambeck, Erica L.

    (Stanford U)

  • Taylor, Terry A.

    (Columbia U)

Registered author(s):

    A manufacturer writes supply contracts with N buyers. Then, the buyers invest in innovation, and the manufacturer builds capacity. Finally, demand is realized, and the firms renegotiate the supply contracts to achieve an efficient allocation of capacity among the buyers. The court remedy for breach of contract (specific performance versus expectation damages) affects how the firms share the gain from renegotiation, and hence how the firms make investments ex ante. The objective is to design supply contracts that will induce the buyers and manufacturer to make the first best investments. When the manufacturer is dominant and the breach remedy is expectation damages, the first best is achieved with simple advance purchase contracts. In contrast, with a dominant manufacturer and specific performance, the first best may not be achieved. A "tradable options" clause is needed to increase the buyers' incentive for investment. When the buyers have significant bargaining power and the breach remedy is expectation damages, simple advance purchase contracts will always result in underinvestment in capacity and overinvestment in innovation by the buyers. However, if the separability condition proposed in Edlin and Reichelstein (1996) holds and the breach remedy is specific performance, then the first best is achieved with simple advance purchase contracts. Finally, building on Maskin and Moore (1999) we describe more complex contracts that induce the first best where simple advance purchase contracts fail.

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    File URL: http://gsbapps.stanford.edu/researchpapers/library/RP1888.pdf
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    Paper provided by Stanford University, Graduate School of Business in its series Research Papers with number 1888.

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    Date of creation: Oct 2004
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    Handle: RePEc:ecl:stabus:1888
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    1. Panagiotis Kouvelis & Martin A. Lariviere, 2000. "Decentralizing Cross-Functional Decisions: Coordination Through Internal Markets," Management Science, INFORMS, vol. 46(8), pages 1049-1058, August.
    2. Maskin, Eric & Moore, John, 1999. "Implementation and Renegotiation," Review of Economic Studies, Wiley Blackwell, vol. 66(1), pages 39-56, January.
    3. Aaron S. Edlin & Stefan Reichelstein, 1995. "Holdups, Standard Breach Remedies, and Optimal Investment," NBER Working Papers 5007, National Bureau of Economic Research, Inc.
    4. Leahy, Dermot & Neary, J Peter, 1997. "Public Policy towards R&D in Oligopolistic Industries," American Economic Review, American Economic Association, vol. 87(4), pages 642-62, September.
    5. Spence, Michael, 1984. "Cost Reduction, Competition, and Industry Performance," Econometrica, Econometric Society, vol. 52(1), pages 101-21, January.
    6. Jean Tirole, 1999. "Incomplete Contracts: Where Do We Stand?," Econometrica, Econometric Society, vol. 67(4), pages 741-782, July.
    7. Ariel Rubinstein, 2010. "Perfect Equilibrium in a Bargaining Model," Levine's Working Paper Archive 252, David K. Levine.
    8. De Alessi, Louis & Staaf, Robert J, 1994. "What Does Reputation Really Assure? The Relationship of Trademarks to Expectations and Legal Remedies," Economic Inquiry, Western Economic Association International, vol. 32(3), pages 477-85, July.
    9. Mathias Dewatripont & Philippe Aghion & Patrick Rey, 1994. "Renegotiation design with unverifiable information," ULB Institutional Repository 2013/9591, ULB -- Universite Libre de Bruxelles.
    10. Steven Shavell, 1980. "Damage Measures for Breach of Contract," Bell Journal of Economics, The RAND Corporation, vol. 11(2), pages 466-490, Autumn.
    11. Hartman, Bruce C. & Dror, Moshe & Shaked, Moshe, 2000. "Cores of Inventory Centralization Games," Games and Economic Behavior, Elsevier, vol. 31(1), pages 26-49, April.
    12. Daniel Granot & Dror Zuckerman, 1991. "Optimal Sequencing and Resource Allocation in Research and Development Projects," Management Science, INFORMS, vol. 37(2), pages 140-156, February.
    13. Muller, Alfred & Scarsini, Marco & Shaked, Moshe, 2002. "The Newsvendor Game Has a Nonempty Core," Games and Economic Behavior, Elsevier, vol. 38(1), pages 118-126, January.
    14. repec:att:wimass:9714 is not listed on IDEAS
    15. Hau Lee & Seungjin Whang, 2002. "The Impact of the Secondary Market on the Supply Chain," Management Science, INFORMS, vol. 48(6), pages 719-731, June.
    16. Donald B. Hausch & Yeon-Koo Che, 1999. "Cooperative Investments and the Value of Contracting," American Economic Review, American Economic Association, vol. 89(1), pages 125-147, March.
    17. GĂ©rard P. Cachon & Martin A. Lariviere, 1999. "Capacity Choice and Allocation: Strategic Behavior and Supply Chain Performance," Management Science, INFORMS, vol. 45(8), pages 1091-1108, August.
    18. Edlin, Aaron S, 1996. "Cadillac Contracts and Up-Front Payments: Efficient Investment under Expectation Damages," Journal of Law, Economics and Organization, Oxford University Press, vol. 12(1), pages 98-118, April.
    19. William P. Rogerson, 1984. "Efficient Reliance and Damage Measures for Breach of Contract," RAND Journal of Economics, The RAND Corporation, vol. 15(1), pages 39-53, Spring.
    20. Yossi Feinberg & Andrzej Skrzypacz, 2005. "Uncertainty about Uncertainty and Delay in Bargaining," Econometrica, Econometric Society, vol. 73(1), pages 69-91, 01.
    21. repec:dgr:kubcen:200434 is not listed on IDEAS
    22. Ravi Anupindi & Yehuda Bassok & Eitan Zemel, 2001. "A General Framework for the Study of Decentralized Distribution Systems," Manufacturing & Service Operations Management, INFORMS, vol. 3(4), pages 349-368, February.
    23. Roberts, Kevin & Weitzman, Martin L, 1981. "Funding Criteria for Research, Development, and Exploration Projects," Econometrica, Econometric Society, vol. 49(5), pages 1261-88, September.
    24. Slikker, Marco & Fransoo, Jan & Wouters, Marc, 2005. "Cooperation between multiple news-vendors with transshipments," European Journal of Operational Research, Elsevier, vol. 167(2), pages 370-380, December.
    25. Jan A. Van Mieghem, 1999. "Coordinating Investment, Production, and Subcontracting," Management Science, INFORMS, vol. 45(7), pages 954-971, July.
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