partnerships lemons and efficient trade we analyze the possibility of efficient trade with informationally interdependent valuations and with a dispersed ownership a crucial role is played by the sign of the derivatives that measure how valuation functions depend on others signals if valuations are increasing functions of other agents signals it is more difficult to achieve efficient trade with interdependent values than with private values where the respective derivatives are zero in contrast if valuations are decreasing functions of other agents signals it is easier to achieve efficient trade with interdependent values our results unify and generalize the insights of cramton et al 1987 myerson and satterthwaite 1983 and akerlof 1970

name your own price at priceline com strategic bidding and lockout periods a buyer suggests prices to n sellers in a time period and buys from the seller who accepts the bid first the number of bidding rounds is determined by how frequently the buyer can make an offer we show that with no limit on the frequency and without discounting the price path is either kept flat initially with large jumps at the end or increasing steadily over time which class of path occurs in equilibrium depends on the buyer s trade off between committing to a price ceiling versus finely screening the sellers costs with discounting limiting the number of rounds mitigates the delay caused by the reluctance to raise bids in the first class of equilibrium and therefore can benefit the buyer this result suggests why in reality bargaining parties often take measures to make their offers rigid and consequently force themselves to make fewer offers copyright oxford university press

pretrial bargaining with self serving bias and asymmetric information abstract we introduce self serving bias into the bebchuk rand journal of economics 15 1984 404 model in which trials result from asymmetric information and characterize the equilibrium an increase in the self serving bias of a defendant who receives an offer can under some circumstances reduce the incidence of trial more typically however we find that an increase in the self serving bias of either player increases the incidence of trial an increase in the self serving bias of a player who receives the offer has ambiguous effects on that player s welfare self serving bias serves as a commitment mechanism not to accept offers which are too unfavorable but players with such a bias typically end up in trial more often for the player making the offer we find that an increase in self serving bias unambiguously lowers welfare

efficient mechanisms for bilateral trading we consider bargaining problems between one buyer and one seller for a single object the seller s valuation and the buyer s valuation for the object are assumed to be independent random variables and each individual s valuation is unknown to the other we characterize the set of allocation mechanisms that are bayesian incentive compatible and individually rational and show the general impossibility of ex post efficient mechanisms without outside subsidies for a wide class of problems we show how to compute mechanisms that maximize expected total gains from trade and mechanisms that can maximize a broker s expected profit journal of economic literature classification number 026

bargaining in the shadow of power abstract often a bargainer can use some form of power legal military or political to impose a settlement how does the outside option of being able to impose a settlement albeit at some cost affect the bargaining and how does the probability that the bargaining will break down vary with the distribution of power between the bargainers these questions are examined by adding the option of imposing a settlement to rubinstein s game of dividing a pie each actor can accept an offer make a counteroffer or try to impose a solution imposing a settlement is however costly and each bargainer has private information about its cost journal of economic literatureclassification number c72

strikes and holdouts in wage bargaining theory and data we develop a private information model of union contract negotiations in which disputes signal a firm s willingness to pay previous models have assumed that all labor disputes take the form of a strike yet a prominent feature of u s collective bargaining is the holdout negotiations often continue without a strike after the contract has expired production continues with workers paid according to the expired contract we analyze the union s decision to strike or hold out and highlight its importance to strike activity strikes are more likely to occur after a drop in the real wage or a decline in unemployment

delay and settlement in litigation delay in litigation is a policy concern in many jurisdictions little evidence is available on the causes of such delay however we present a version of spier s 1992 bargaining model of litigation and derive directly a functional form for the conditional probability of case settlement we then estimate this and test predictions about the effects of legal costs and uncertainty over damages and liability on the conditional probability of settlement using data from negligence claims against several nhs trusts our results provide a direct test of the model and shed light on the causes of settlement delay in england

unions and strikes with asymmetric information strikes seem to be a pareto inefficient outcome of bargaining between a union and a firm however this paper shows that strikes can be the outcome of rational behavior by both agents if the firm has more information than the union concerning the state of nature the union can use strikes as a way of gaining information the paper uses an asymmetric information model where the firm has information about the state i e profitability that the union does not know the schedule of wage offers by the union then depends on the probability that a given state will occur

bargaining over reform abstract this paper models the delay in a macroeconomic stabilization as the outcome of a bargaining game between two parties who must reach an agreement over how the stabilization cost is to be shared the paper modifies alesina and drazen s 1991 american economic review 81 1170 1189 war of attrition model by endogenizing the distribution of the stabilization costs through a bargaining game using this bargaining framework the paper analyzes the role of crises and foreign assistance in bringing about a settlement to the distributional conflict in the bargaining game a crisis that increases the welfare loss from not stabilizing the economy will lower the probability of delay in contrast foreign aid that is used to reduce the stabilization costs will further increase the delay in reaching an agreement between the two parties

the incidence and allocation effects of a tax on corporate distributions abstract to study the effects of double taxation first at the corporation level then at the shareholder level this paper analyzes a model with a tax on all corporate distributions to equity owners and no other taxes contrary to the common view the tax is shown to have no subtitution effect and in particular no effect on the corporate choice between debt and equity via retained earnings finance the analysis opens to question certain arguments commonly used to support integration of corporation and individual income taxes via dividend relief

durable goods monopolists durable goods monopolists face special problems because the sale of their products creates a secondhand market not controlled by the monopolist to the extent the monopolist is able to rent his product rather than sell it or to make binding promises about his future production such problems are ameliorated given the inability to do the above the monopolist is led to producing goods less durable than those produced by either competitive firms or monopolist returns a reverse averch johnson result that monopolist sellers may invest less in fixed costs including plant modernization and research and development than would the renters is shown it is also shown that even though sellers have less monopoly power than renters and nondurable goods monopolists it is possible that the seller will cause a greater deadweight loss than the other types of monopolies

fairness in uncertainty some limits and misinterpretations of actuarial fairness the recent proliferation of new data and technologies enables increasingly finer personalization of products and prices in every domain in insurance this revives and enlarges old debates around fairness that have never been completely settled we will argue that the commonly accepted actuarial fairness as based on the individual cost of risk derives in fact from a conflation while it indicates the average cost for a group of insureds from the perspective of an insurance company and is therefore sound from a business profitability viewpoint it is arguable whether it represents the fair price for the individual insured we first show in a historical perspective the intertwinement of conceptions of fairness with knowledge in order to point to the alternative to actuarial fairness for insurance we then describe the intrinsic difference between the insured and the insurer or portfolio manager when underwriting an insurance contract finally we build on this distinction to discuss the meaning of fairness in insurance prices we thus hope to re center the debate around insurance fairness on its underlying solidarity mechanisms rather than technical and actuarial considerations

pretrial bargaining with asymmetric information unilateral versus bilateral payoff relevance author affiliation amy farmer amyf walton uark edupaul pecorino ppecorin cba ua edu acknowledgment we would like to thank akram temimi and two anonymous referees for providing helpful comments on the article 1 introductionasymmetric information is a leading explanation for bargaining failure and the role of asymmetric information has been extensively analyzed in the civil litigation literature 1 most of this literature concerns information that has bilateral payoff relevance in the sense that the information in question affects the expected payoff at trial of both the plaintiff and defendant when there is bilateral payoff relevance trials may be predicted in the equilibrium of the bargaining game regardless of whether the informed or uninformed party makes the offer in this article we analyze information that has unilateral payoff relevance meaning that it affects the expected payoff of one of the two parties to the dispute but not the other as an example suppose the plaintiff has private information on her risk preferences this affects her expected payoff at trial but not the defendant s when there is unilateral payoff relevance there are never inefficient trials in the equilibrium of the game where the informed party makes the offer 2 however there may still be costly disputes in the equilibrium of the game in which the uninformed party makes the offer examples of information with bilateral payoff relevance include information on the probability that the plaintiff will prevail at trial and information on the amount of the judgment to be awarded at trial in the event the plaintiff is victorious in both cases the information clearly affects the expected payoff of both the plaintiff and defendant at trial and these are the types of informational asymmetry considered most often in the literature what type of information has only unilateral payoff relevance one example mentioned above is information on risk preferences farmer and pecorino 1994 swanson and mason 1998 and heyes rickman and tzavara 2004 all examine asymmetric information on risk preferences within the context of the screening model in which the uninformed party makes the offer 3 in each case trials are predicted in the equilibrium of these models as long as trials are not too costly for the participants however other types of information also have only unilateral payoff relevance a large literature on the ultimatum game has provided convincing evidence that under certain circumstances individuals will express a preference for being treated fairly 4 this preference may be expressed specifically by the percentage of her own court costs a player is willing to concede to her opponent via his settlement offer 5 since this preference is not observable and presumably differs across individuals the proposer in a screening game must decide how much of the joint surplus of settlement he will attempt to extract without knowledge of how low he can go before triggering a rejection suppose the judgment is 100 000 and the plaintiff s court costs are 30 000 a plaintiff without a taste for fairness will accept an offer of 70 000 rather than proceed to trial a plaintiff with a taste for fairness might as an example accept no less than 90 000 the defendant then must choose between an offer of 90 000 and 70 000 without knowledge of whether the other party has a taste for fairness or not the defendant will make the low offer if he believes it will be accepted with a sufficiently high probability if the plaintiff does indeed have a taste for fairness she will reject the low offer and a trial will result presumably a mechanism along these lines explains the persistence of disputes in ultimatum game experiments another example of information with unilateral payoff relevance is the degree of litigiousness which can be modeled as differences in perceived court costs on the part of the plaintiff eisenberg and farber 1997

efficient bilateral trade with statistically dependent beliefs abstract this paper derives a necessary and sufficient condition for ex post efficient trade to be feasible when trader beliefs can be statistically dependent allowing for dependent beliefs produces equilibrium and comparative statics behavior that differs qualitatively from that observed in bilateral trade models in which traders have independent beliefs

tilting the table the use of preliminary injunctions abstract this paper examines the economic role of preliminary injunctions in legal disputes we present a model in which differences in financing costs drive the use of preliminary injunction and explore the implications of this legal remedy for ex post efficiency and ex ante incentives controlling for the nature of the dispute we examine the relationships between the financial status of litigating parties and whether a preliminary injunction is requested the empirical analysis uses detailed data compiled for a sample of 252 patent suits and reveals patterns generally consistent with those suggested by the model

bargaining search and outside options abstract this paper studies a two sided incomplete information bargaining model between a seller and a buyer the buyer has an outside option which is modeled as a sequential search process during which he can choose to return to bargaining at any time two cases are considered in regime i both agents have symmetric information about the search parameters we find that in contrast to bargaining with complete information the option to return to bargaining is not redundant in equilibrium however the no delay result still holds in regime ii where agents have asymmetric information about the outside option delay is possible the solution characterizes the parameters for renegotiation and those for search with no return to the bargaining table

tribunal specialization and institutional targeting in patent enforcement recent scholarship on nonmarket strategies has sought to understand organizational decisions to target specific institutional venues for nonmarket actions we contribute to this emerging literature by studying institutional targeting between specialized and general purpose tribunals which are available to resolve disputes in a number of settings whereas prior work on institutional targeting has primarily focused on the differences in the policy preferences of public actors and the susceptibility of policy positions to influence activities we focus on the differences in expertise and procedural flexibility that typically accompany tribunal specialization we develop a theory about targeting decisions forum shopping in such contexts which suggests two main drivers of tribunal targeting expected settlement and expected returns drawing on these mechanisms we formulate hypotheses linking tribunal targeting decisions to firm level attributes such as market strategic stakes institutional distance from competitors and tribunal specific capabilities our hypotheses are tested using a novel data set of patent enforcement against u s imports which also sheds light on nonmarket strategies in patents

incumbent employees resistance to implementing privatization policy abstract the recent anti privatization trend in latin america france and south africa is a reminder that employees resist privatization because pre privatization firms tend to be over manned and to pay excessive wages we study the effect of employees resistance on the successful implementation of privatization in a stylized model in which the government interacts with employees of an unknown type the analysis clarifies some of the difficulties associated with the implementation process furthermore although common sense dictates that the government negotiates with the employees before finding an outside buyer we show that sometimes it is better off contacting an investor first

bargaining with asymmetric information an empirical study of plea negotiations this paper empirically investigates how sentences to be assigned at trial impact plea bargaining the analysis is based on the model of bargaining with asymmetric information by bebchuk 1984 i provide conditions for the nonparametric identification of the model propose a consistent nonparametric estimator and implement it using data on criminal cases from north carolina employing the estimated model i evaluate how different sentencing reforms affect the outcome of criminal cases my results indicate that lower mandatory minimum sentences could greatly reduce the total amount of incarceration time assigned by the courts but may increase conviction rates in contrast the broader use of non incarceration sentences for less serious crimes reduces the number of incarceration convictions but has a very small effect over the total assigned incarceration time i also consider the effects of a ban on plea bargains depending on the case characteristics over 20 percent of the defendants who currently receive incarceration sentences would be acquitted if plea bargains were forbidden

bargaining and strikes strikes are generally regarded as an important economic phenomenon and yet good theoretical explanations of them are hard to come by the difficulty is to understand why rational parties should resort to a wasteful mechanism as a way of distributing the gains from trade why could not both parties be made better off by moving to the final distribution of surplus immediately or if it is uncertain to its certainty equivalent and sharing the benefits from increased production

is strike behavior cyclical we examine cyclicality of strike frequency and incidence using canadian data on strikes and contracts total strike frequency exhibits significant procyclicality to which within contract strikes contribute appreciably evidence is weaker for procyclical behavior of contract expiry strikes both in total and disaggregated by issue strike incidence is also procyclical particularly in manufacturing though the procyclicality here is confined to strikes over nonwage issues these results mirror those obtained by analyzing the frequency of strikes in the contract data industry specific cyclical variables positively affect strike incidence in manufacturing but region specific variables have no effect

wage bargaining with time varying threats we study wage bargaining in which the union is uncertain about the firm s willingness to pay and threat payoffs vary over time strike payoffs change as replacement workers are hired as strikers find temporary jobs and as inventories or strike funds run out we find that bargaining outcomes are substantially altered if threat payoffs vary if dispute costs increase in the long run then dispute durations are longer settlement rates are lower and wages decline more slowly during the short run and may even increase the settlement wage is largely determined from the long run threat rather than the short run threat

the vanishing harberger triangle this paper shows that the double taxation of corporate dividends or profit repatriations implies a nucleus theory of the corporation after the firm is set up with a small stock of original capital it enters a phase of purely internal growth during which no dividends are paid and no shares are issued the phase terminates when an efficient stock of capital has been accumulated and dividends are paid during the growth phases the tax distortion is inversely related to the tax burden and it is larger than conventional formulae for the cost of internal and external equity finance suggest

credible discovery settlement and negative expected value suits we introduce discovery into a model of settlement and negative expected value nev suits under asymmetric information the option to conduct discovery has several important effects first because discovery is cheaper than litigation it reduces the defendant s incentive to settle under asymmetric information second discovery must be credible because discovery is more valuable the greater the uncertainty it resolves this introduces a credibility constraint on pre discovery settlement offers this can further reduce the probability and size of a defendant s pre discovery settlement offer lastly discovery reduces the ability of nev plaintiffs to use asymmetric information to extract significant settlements from defendants

foundations of dynamic monopoly and the coase conjecture subgame perfect equilibria are characterized for a market in which the seller quotes a price each period assume zero costs positive interest rate continuum of buyers and some technical conditions if buyers valuations are positive then equilibrium is unique buyers strategies are stationary and the price sequence is determinant along the equilibrium path but possibly randomized elsewhere otherwise a continuum of stationary equilibria can exist but at most one with analytic strategies coase s conjecture is verified for stationary strategies reducing the period length drives all prices to zero or the least valuation connections to bargaining models are described journal qf economic literature classification

union contracts and money wage changes in u s manufacturing industries this paper analyzes the relationship between wage changes negotiated in selected large collective bargaining agreements and industry wide changes in average hourly earnings multiple regressions are used to examine the relationship in two digit manufacturing industries for the period 1958ii to 1978il negotiated wage changes are found to have a major impact on overall movements in hourly earnings the estimated equations have potential applications for short run wage forecasting and for policy analyses

protecting intellectual property rights are small firms handicapped this paper studies the determinants of patent suits and settlements during 1978 99 by linking information from the u s patent office the federal courts and industry sources we find that litigation risk is much higher for patents that are owned by individuals and firms with small patent portfolios patentees with a large portfolio of patents to trade or other characteristics that facilitate cooperative resolution of disputes are much less likely to prosecute infringement suits however postsuit outcomes do not depend on these characteristics these findings show that small patentees are at a significant disadvantage in protecting their patent rights because their greater litigation risk is not offset by more rapid resolution of their suits our empirical estimates of the heterogeneity in litigation risk can help in developing private patent litigation insurance to mitigate the adverse affects of high enforcement costs

share repurchases the new view and the cost of capital this paper counters the view that the possibility of share repurchases invalidates the predictions of the new or trapped equity view of corporate taxation it is shown that the new view s basic cost of capital expression which distinguishes it from the old view remains valid regardless of the proportions in which corporate distributions of earnings split into share repurchases and ordinary dividend payments it is widely held that the new view of corporate taxation put forward by auerbach 1979 1983 l3radford 1981 king 1977 fullerton and king 1984 and others is incompatible with the phenomenon of share repurchases share repurchases it is maintained undermine this view s basic premise that the corporate firm is an equity trap and thus invalidate its predictions of the firm s investment behavior in my letter i argue that this verdict may be premature while i certainly do not want to claim to have isolated the forces that determine the firm s choice between dividend payments and share repurchases i hesitate to accept the argument that the invalidity of one of a theory s assumptions will necessarily render its predictions incorrect to be precise i will show that the new view s basic cost of capital expression that distinguishes it from the old view stays valid regardless of the proportions in which corporate distributions of earnings split into share repurchases and ordinary dividend payments consider a stylized class of capital income tax systems that resembles the class operative in the 0ecd countries let 7r be the rate of corporate tax on retained earnings rd the rate of corporate tax on dividends which equals rr in the us rc the effective rate of tax on accrued capital gains rdp the rate of personal tax on dividend income and 7 the rate of personal tax on interest income where

bargaining and reputation the paper develops a reputation based theory of bargaining the idea is to investigate and highlight the influence of bargaining postures on bargaining outcomes a complete information bargaining model a la rubinstein is amended to accommodate irrational types who are obstinate and indeed for tractability assumed to be completely inflexible in their offers and demands a strong independence of procedures result is derived after initial postures have been adopted the bargaining outcome is independent of the fine details of the bargaining protocol so long as both players have the opportunity to make offers frequently the latter analysis yields a unique continuous time limit with a war of attrition structure in the continuous time game equilibrium is unique and entails delay consequently inefficiency the equilibrium outcome reflects the combined influence of the rates of time preference of the players and the ex ante probabilities of different irrational types as the probability of irrationality goes to zero delay and inefficiency disappear furthermore if there is a rich set of types for both agents the limit equilibrium payoffs are inversely proportional to their rates of time preference

the forms and limits of insurance solidarity what makes insurance special among risk technologies is the particular way in which it links solidarity and technical rationality on one hand within insurance practices risk is always defined in technical terms it is related to monetary measurement of value and to statistical probability calculated for a limited population on the other hand and at the same time insurance has an inherent connection to solidarity when taking out an insurance one participates in the risk pool within which each member is reciprocally responsible for others risks the combination of technical controllability and solidarity has made insurance a successful tool for governing welfare societies during the twentieth century from the point of view of business ethics it is interesting that as we argue in this article the connection between insurance and solidarity is not limited to social welfare assemblages but is evident in relation to private insurance as well at the same time however it is important to understand that insurance does not advance all forms of solidarity hence this theoretical article analyzes the specific conceptions of solidarity that the different forms of insurance practice produce particular emphasis is put on the distinction between chance solidarity and subsidizing solidarity the main questions of the article are what kinds of conceptions of solidarity are built in the insurance technology and how are the limits of solidarity defined and justified in different forms of insurance

endogeneity of alternating offers in a bargaining game we investigate an infinite horizon two person simultaneous move bargaining game with incomplete information and discounted payoffs the game takes the form of a concession game in each period each player chooses to give in or hold out the game continues until at least one of the players chooses to give in at which point agreement has been reached and the game terminates for any discount factor if the players priors about each other s type are sufficiently asymmetric there is a unique nash equilibrium in which the two players alternate in their willingness to give in

dynamic bargaining with transaction costs a buyer and seller alternate making offers until an offer is accepted or someone terminates negotiations the seller s valuation is common knowledge but the buyer s valuation is known only by the buyer impatience to reach an agreement comes from two sources the traders discount future payoffs and there are transaction costs of bargaining equilibrium behavior involves either immediate trade delayed trade or immediate termination depending on the size of the gains from trade and the relative bargaining costs this contrasts with the pure discounting model where termination never occurs and the pure transaction cost model where delayed trade never occurs

how fair is actuarial fairness insurance is pervasive in many social settings as a cooperative device based on risk pooling it serves to attenuate the adverse consequences of various risks health unemployment natural catastrophes and so forth by offering policyholders coverage against the losses implied by adverse events in exchange for the payment of premiums in the insurance industry the concept of actuarial fairness serves to establish what could be adequate fair premiums accordingly premiums paid by policyholders should match as closely as possible their risk exposure i e their expected losses such premiums are the product of the probabilities of losses and the expected losses this article presents a discussion of the fairness of actuarial fairness through three steps 1 defining the concept based on its formulation within the insurance industry 2 determining in which sense it may be about fairness and 3 raising some objections to the actual fairness of actuarial fairness the necessity of a normative evaluation of actuarial fairness is justified by the influence of the concept on the current reforms of public insurance systems and the fact that it highlights the question of the repartition of the gains and burdens of social cooperation

reputation in bargaining and durable goods monopoly this paper analyzes durable goods monopoly in an infinite horizon discrete time game we prove that as the time interval between successive offers approaches zero all seller payoffs between zero and static monopoly profits are supported by subgame perfect equilibria this reverses a well known conjecture of coase alternatively one can interpret the model as a sequential bargaining game with one sided incomplete information in which an uninformed seller makes all the offers our folk theorem for seller payoffs equally applies to the set of sequential equilibria of this bargaining game

the causes of bargaining failure evidence from major league baseball abstract final offer arbitration in major league baseball provides an ideal setting for examining the empirical regularities that are associated with bargaining failure since final offers salaries and player statistics which provide the fundamental facts for the case are all readily available using data for players eligible for arbitration for 1990 93 we conduct a wide variety of empirical tests regarding the relationship between aggressive offers and arbitration outcomes we find that aggressive offers by players trigger arbitration and that more aggressive offers are associated with inferior financial outcomes in arbitration overall clubs appear to outperform players in arbitration unexpectedly high or low offers are less common for players who have previously been through arbitration which suggests that learning occurs our results are inconsistent with simple one sided asymmetric information models of arbitration the results are more consistent with an optimism model or a model in which so

legal expenditure as a rent seeking game legal expenditures at a civil trial constitute an interesting type of rent seeking contest in civil litigation there is a natural interaction between the objective merits of the case and the outcome of the contest institutions such as fee shifting do not generally have a counterpart in other rent seeking contests the endogenous decision to participate in the rent seeking contest corresponds to the decision by the plaintiff to bring a case and the decision by the defendant to defend it the desirability of fee shifting is very sensitive to the value of the parameter which describes the legal technology

the timing of out of court settlements parties to a lawsuit will frequently delay litigation even in circumstances where a voluntary agreement is eventually reached this article is concerned with what causes legal disputes to be prolonged over time we discuss dynamic models of litigation to illustrate how changes in the bargaining environment might generate empirical hazard functions comparative statics results are then corroborated with empirical estimates of a hazard function adjusted to account for both the heterogeneity of lawsuits and the nonproportional time dependence suggested by theory

incomplete information bargaining with outside opportunities we consider two kinds of outside opportunity that a seller of an indivisible good might have selling to a different buyer and consuming the good herself in both models the seller is uncertain about the buyer s valuation and becomes more pessimistic over time when the seller becomes sufficiently pessimistic she prefers the outside opportunity so she will not bargain indefinitely with the current buyer despite the resulting finite horizon nature of negotiations the link between the buyer s willingness to accept an offer and the seller s eagerness to go outside generates multiple equilibria

credible commitments contract enforcement problems and banks intermediation as credibility assurance abstract we consider contract enforceability problems in credit transactions and justify a bank as an organizational solution to market breakdown due to unenforceable contracts specifically we explain i why loan commitments exist and ii why banks exist to sell such commitments a loan commitment resolves moral hazard more efficiently than any combination of inside equity and spot credit however the market breaks down if commitment sellers are individuals because their promises to honor contracts are not credible with a large bank a perfect sequential equilibrium is obtained in which credibility is restored

the costs of inefficient bargaining and financial distress abstract this study provides the first large sample analysis of the stock market reactions to interfirm litigation when a suit is filed the common stock of the typical defendant declines by about 1 while the plaintiff experiences no significant gains for the average pair of firms the combined drop in value upon filing is 21 million much of the loss is regained if the suit is settled the findings suggest that bargaining among firm claimants sometimes leads to very inefficient outcomes part of the leakage is explained by the costs of increased financial distress imposed on the defendant

antitrust settlements and trial outcomes risk aversion plays an important role in explaining why antitrust cases settle instead of going to trial using a jointly estimated model of settlement and trial outcome the authors find that a one percent increase in the probability that the plaintiff wins at trial raises the probability of a settlement by 0 13 percent they also find that reputation effects are not a significant factor for defendants so the risk aversion of the defendants does not play a dominant role in determining whether the parties settle plaintiffs are more likely to win in certain jurisdictions which encourages venue shopping by plaintiffs copyright 1996 by mit press

the dynamics of pretrial negotiation it is shown that many cases proceed to court despite ample opportunity for interaction and much of the settlement takes place on the courthouse steps the deadline effect when fixed costs of bargaining are introduced a u shaped pattern of settlement appears with a greater chance of settlement at the beginning and at the end of negotiations than in the middle these characteristics persist even as the time between offers approaches zero the theoretical predictions are consistent with the stylized facts a large proportion of the lawsuits that are settled out of court are settled very close to the trial date or in the first several days of the trial 3 although the deadline effect appears in many other settings as well it has little theoretical support 4

an economic analysis on overbilling incentives and auditing programs an institutional auditing program typically consists of the following steps a sample audit the decision to move to the full audit a settlement offer and the full audit statistical sampling techniques are often used to estimate the overbilling percentage and amount this paper discusses the optimal settlement offer the net recovery through auditing the condition for the auditors to move to the full audit and how an auditing program can be truly cost effective this paper provides an evaluation for the statistical sampling techniques to an auditing program the economic incentives of a contractor to overbill are also identified finally it presents the key metrics and the managerial implications for auditing managers to design or enhance their auditing programs

pretrial bargaining and the design of fee shifting rules legal rules for allocating the private costs of civil litigation or fee shifting rules provide powerful incentives for settlement within the context of a direct revelation mechanism the fee shifting rule that generates the highest probability of settlement bases the allocation of costs upon the proximity of the court s award to the pretrial announcements this mechanism resembles rule 68 of the federal rules of civil procedure and other offer based rules in a simple extensive form game if the litigants have asymmetric information about the level of damages probability of prevailing then rule 68 increases decreases the settlement rate

a sequential concession game with asymmetric information the essence of the situation to be studied here is this two players are involved in a conflict that can be resolved in only two possible ways each player favors a different outcome during the bargaining phase which lasts until some finite time to each player has the option to concede if none concedes the game ends at time t in a way that is known to one of the players from the beginning of the game the other player is uncertain about the outcome time is valuable but each player prefers to receive his favored outcome at m than to concede immediately thus the game analyzed here is characterized by the asymmetric information about the outcome at the end point i e at time to whereas one player is perfectly informed about the possible outcome the other is compelled to deduce the information from the actions of his informed opponent the latter in turn can try to exploit his initial advantage by manipulating the flow of information for example the informed player may adopt a tough stance in order to create the impression that he is not afraid of forcing the resolution of the conflict at to and thereby builds his reputation at the same time the uninformed player by not conceding can test the opponent s resolve this brief description suggests that the problem analyzed here is a variant of the game of attrition 2 however our problem differs from the standard game of attrition in two respects first we formulate the game in discrete time which has important analytic consequences these are fully developed in hendricks and wilson 1985 second and more important perhaps we study

strategic delay in bargaining this paper analyses a bargaining model with incomplete information in which the time between offers is an endogenous strategic variable we find equilibria involving a delay to agreement that is due to the use of strategic time delay by bargainers to signal their relative strength under some specifications of the parameters delay is present in the unique sequential equilibrium whose beliefs satisfy one intuitive restriction this delay does not vanish as the minimal time between offers becomes small

gambling reputation repeated bargaining with outside options we study the role of incomplete information and outside options in determining bargaining postures and surplus division in repeated bargaining between a long run player and a sequence of short run players the outside option is not only a disagreement point but reveals information privately held by the long run player in equilibrium the uninformed short run players offers do not always respond to changes in reputation and the informed long run player s payoffs are discontinuous the long run player invokes inefficient random outside options repeatedly to build reputation to a level where the subsequent short run players succumb to his extraction of a larger payoff but he also runs the risk of losing reputation and relinquishing bargaining power we investigate equilibrium properties when the discount factor goes to 1 and when the informativeness of outside options diffuses in both cases bargaining outcomes become more inefficient and the limit reputation building probabilities are interior publication abstract

strategic disclosure of feasible options abstract the paper illustrates how people who need to make a joint decision may have an incentive to withhold information regarding the existence of pareto improving options the resulting level of inefficiency varies with the way compromises are reached when the parties have to choose among multiple options various reasonable compromise rules can be ranked unequivocally and a rule resulting in a minimal level of inefficiency is identified qualitative results extend to sequential disclosure enforcing a hard deadline for disclosure may be welfare improving in some circumstances

early settlement in european merger control we analyse the determinants of early settlement between merging parties and the european commission over remedies that remove concerns of anticompetitive effects this extends the previously narrow range of econometric literature on early settlement consistent with the theory of early settlement our results confirm the importance of delay costs and of uncertainty measured by the complexity of the economic analysis required for each merger we also find a non monotonic effect of agency resourcing which raises questions about the commission s efficiency in times of high case load econometrically we select a sample of merger decisions in which the european commission intervened due to concerns of anticompetitive effects and our selection model provides estimates of the factors determining intervention by the commission conclusions are drawn for public policy

litigation liability and incentives for care abstract in this paper potential injurers are subject to a negligence standard and differ in cost of taking care in the event of accident the injurer s degree of care is private information in litigation that follows award of damages for pain and suffering will lead to a general increase in care and hence reduce the likehood of accident a tighter negligence standard will lead some potential injurers to take more care and others to take less adoption of a rule under which the loser at trial must pay the litigation costs of the winner will reduce the pressure for punitive damages

dynamic bargaining with action dependent valuations abstract an infinite horizon dynamic bargaining model is presented in which actions affect the expected future value of the buyer seller match because actions directly affect the future surplus to be bargained over the model is unlike other models that tie the dynamic process to nature alone focusing on a subset of weak markov equilibria several results come about that are not found in static bargaining models using similar bargaining protocols in particular optimal price demands can be lower higher than the buyer s lowest highest possible valuation and several empirical features concerning wage settlements and strike incidence from labor union contract negotiations can be explained

negative expected value suits in a signaling model we extend the 1986 signaling model of reinganum and wilde by allowing for the possibility of negative expected value nev suits if filing costs are zero the equilibrium consistent with the dl refinement implies that settlement offers face a rejection rate of 100 if filing costs are positive an equilibrium with settlement can be restored in this equilibrium plaintiffs with nev suits choose not to file but settlement rates fall below the level in the model without nev suits this fall in settlement rates may be substantial in addition by making the filing decision endogenous we are able to derive new insights into the effects of fee shifting in the signaling model bargaining failures can be extremely costly when a plaintiff and defendant find themselves in trial after failing to negotiate a settlement the presence of asymmetric information is the most prominent explanation of this type of bargaining failure reinganum and wilde 1986 is one of the two canonical information based models of pretrial bargaining theirs is a signaling model in which an informed plaintiff makes an offer to an uninformed defendant reinganum and wilde rw assume that all plaintiffs have a credible threat to proceed to trial we relax this assumption and in the process endogenize the plaintiffs filing decision this is a realistic extension of the rw model which has some very important implications first if we add plaintiffs with negative expected value nev suits to the rw model and make no other changes the equilibrium of the model will require that all submitted offers be rejected at a rate of 100 to restore an equilibrium with settlement it is necessary to assume that the plaintiff incurs a fee at the time that suit is filed in this amended model we find that all plaintiff offers are rejected with a higher probability when compared to the model without nev suits this higher rate of rejection is a necessary part of the equilibrium as it discourages potential plaintiffs from filing nev suits thus no nev suit is filed in the equilibrium of the

adverse selection in insurance markets policyholder evidence from the u k annuity market in this paper we investigate the importance of adverse selection in insurance markets we use a unique data set consisting of all annuity policies sold by a large u k insurance company since the early 1980s to analyze mortality differences among individuals who purchased different types of policies we find systematic relationships between ex post mortality and annuity policy characteristics such as whether the annuity will make payments to the estate in the event of an untimely death and whether the payments from the annuity rise over time these mortality patterns are consistent with the presence of asymmetric information in the annuity market we find no evidence of substantive mortality differences however across annuities of different size even though models of insurance market equilibrium with asymmetric information would predict such differences we also find that the pricing of various features of annuity contracts is consistent with the self selection patterns we find in mortality rates our results therefore suggest that selection may occur across many specific features of insurance contracts and that the absence of selection on one contract dimension does not preclude its presence on others this highlights the importance of considering the detailed features of insurance contracts when testing theoretical models of asymmetric information

litigation and settlement under two sided incomplete information this paper deals with a simple game of litigation and settlement with incomplete information parties are assumed to have the choice between settling their dispute out of court or resorting to costly litigation the set of sequential equilibria is characterized and conditions are given under which an efficient equilibrium does exist efficient equilibria however will be ruled out by various tests of refinement a comparative statics analysis is carried out with respect to the quality of private information which parties are assumed to receive before any moves have to be made

trial and settlement a study of high low agreements this paper presents the first systematic theoretical and empirical study of high low agreements in civil litigation a high low agreement is a private contract that if signed by litigants before the conclusion of a trial constrains the future damages payment to lie between a minimum and a maximum amount whereas the existing literature describes litigation as a choice between trial and settlement our examination of high low agreements a relatively new phenomenon in civil litigation introduces partial or incomplete settlements in our theoretical model trial is both costly and risky when litigants have divergent subjective beliefs and are mutually optimistic about their trial prospects cases may fail to settle in these cases high low agreements can be in the litigants mutual interest because they limit the risk of outlier damages awards while still allowing for an optimal degree of speculation using unique insurance claims data from a national insurance company we describe the features of these agreements and empirically investigate the factors that may influence whether litigants discuss or enter into high low agreements our empirical findings are consistent with the predictions of the theoretical model we also explore extensions and alternative explanations for high low agreements including their use to mitigate excessive offsetting trial expenditures

bilateral trading in networks in many markets goods flow from initial producers to final customers travelling through many layers of intermediaries and information is asymmetric we study a dynamic model of bargaining in networks that captures these features we show that the equilibrium price demanded over time is non monotonic but the sequence of transaction prices declines over time with the possible exception of the last period the price dynamic is therefore reminiscent of fire sales and hot potato trading traders who intermediate the object arise endogenously and make a positive profit the profit earning intermediaries are not necessarily traders with many connections for the case of multilayer networks they belong to the path that reaches the maximum number of potential buyers using the minimal number of intermediaries this is not necessarily the path of the network that maximizes the probability of consumption by traders who value the most the object i e welfare

a theory of bargaining deadlock abstract i study a dynamic one sided offer bargaining model between a seller and a buyer under incomplete information the seller knows the quality of his product while the buyer does not during bargaining the seller may receive an outside option the value of which depends on the quality of the product if the outside option is sufficiently important there is an equilibrium in which the buyer s belief about the product s quality stays constant and she continues to make the same randomized offer throughout the bargaining process as a result the equilibrium behavior produces an outcome path that resembles a bargaining deadlock and its resolution the equilibrium outcome exhibits bargaining delay that does not vanish even with frequent offers and the limiting delay may exist even without a static adverse selection problem under stronger parametric assumptions the equilibrium with deadlock is the only one in which behavior is monotonic in the buyer s belief

relations among the central rules in bankruptcy problems a strategic perspective abstract we consider the bankruptcy problem in which the liquidation value of a bankrupt firm has to be allocated among its creditors by applying the nash program to justify a bilaterally consistent rule bilateral negotiations are traditionally resolved by applying the rule dagan et al 1997 chang and hu 2008 we introduce games in which bilateral negotiations are resolved by non cooperative bargaining procedures and show that these games strategically justify the constrained equal awards rule the constrained equal losses rule the proportional rule and the talmud rule by focusing on the differences in the non cooperative bargaining procedures that capture the spirit of the rules our results unveil novel connections among them

inventory accumulation wages and employment this paper analyzes the effect of inventory accumulation on the outcome of wage and employment agreements between a union and a firm a two period model is set up with bargaining in each period and the paper analyzes under what circumstances inventories will be held even if demand and production conditions are constant it is found that inventories have an important strategic role they bring forward employment and strengthen the bargaining position of the firm in the later period however the firm s strategic use of inventories will generally be to the detriment of both parties copyright 1991 by royal economic society

bargaining with common values this paper examines a bargaining model with asymmetric information in which the private valuations of the two bargaining agents are correlated it shows that equilibria in such models typically exhibit a significant probability of a significant delay to agreement the paper characterizes the unique perfect bayesian equilibrium to the game in which an uninformed buyer makes offers to a privately informed seller it also shows by example that in this framework bargainers may rationally break off negotiations even in the presence of commonly known gains from trade

delay in contests abstract why is there delay in contests in this paper we follow and extend the line of reasoning of carl von clausewitz to explain delay for a given contest technology delay may occur if there is an asymmetry between defense and attack if the expected change in relative strengths is moderate and if the additional cost of investment in future strength is low

an empirical test of an asymmetric information model of strikes recent developments in the theory of strategic bargaining demonstrate how informational asymmetries can lead to prolonged and costly bargaining these models can be applied to contract negotiations yielding an economic theory of strikes to date however few empirical tests of these models have been carried out in this paper a set of predictions concerning the incidence and unconditional duration of strikes is derived from a simple bargaining model in which the union is uncertain about the firm s future profitability these predictions are then tested on a micro data set of major u s contract negotiations that took place from 1973 to 1977

taxation corporate financial policy and the cost of capital the cost of capital plays an important role in the allocation of resources among competing uses in a decentralized market system the purpose of this paper is to organize and present what is known and what is hypothesized about the effects of taxation on the incentive to invest via the cost of capital taking full account of important issues that arise independently from the question of taxation included in the analysis is a discussion of empirical findings about the interaction of inflation and taxation in influencing the incentive to invest and a treatment of taxation and uncertainty this abstract was borrowed from another version of this item

strategic voting over strategic proposals prior research on strategic voting has reached the conclusion that unanimity rule is uniquely bad it results in destruction of information and hence makes voters worse off we show that this conclusion depends critically on the assumption that the issue being voted on is exogenous that is independent of the voting rule used we depart from the existing literature by endogenizing the proposal that is put to a vote and establish that under many circumstances unanimity rule makes voters better off moreover in some cases unanimity rule also makes the proposer better off even when he has diametrically opposing preferences in this case unanimity is the pareto dominant voting rule voters prefer unanimity rule because it induces the proposing individual to make a more attractive proposal the proposing individual prefers unanimity rule because the acceptance probabilities for moderate proposals are higher we apply our results to jury trials and debt restructuring

unobserved investment endogenous quality and trade a seller can make investments that affect a tradable asset s future returns the potential buyer of the asset cannot observe the seller s investment prior to trade nor does he receive any signal of it nor can he verify it in anyway after trade despite this severe moral hazard problem this paper shows the seller will invest with positive probability in equilibrium and that trade will occur with positive probability the outcome of the game is sensitive to the distribution of bargaining power between the parties with a holdup problem existing if the buyer has the bargaining power a consequence of the holdup problem is surplus reducing distortions in investment level perhaps counterintuitively in many situations this distortion involves an increase in the expected amount invested vis a vis the situation without holdup

comparative analysis of litigation systems an auction theoretic approach a simple auction theoretic framework is used to examine symmetric litigation environments where the legal ownership of a disputed asset is unknown to the court the court observes only the quality of the case presented by each party and awards the asset to the party presenting the best case rational litigants influence the quality of their cases by hiring skilful attorneys this framework permits us to compare the equilibrium legal expenditures that arise under a continuum of legal systems the british rule continental rule american rule and some recently proposed legal reforms are special cases of our model

holdouts in sovereign debt restructuring a theory of negotiation in a weak contractual environment negotiations between a country in default and its international creditors are modeled as a dynamic game in an environment of weak contractual enforcement the country cannot borrow internationally until it settles with all creditors delay arises in equilibrium as creditors engage in strategic hold up the model a rms the conventional wisdom that delay increases with more creditors and with the advent of vulture creditors contrary to conventional wisdom putting collective action clauses into bond contracts may increase delay via free riding on negotiation costs even while preventing strategic holdup and reducing total negotiation costs secondary debt markets consolidate debt with high and disperse debt with low creditor bargaining power whether secondary markets reduce or increase delay depends on the interaction between strategic holdup and debt

credible pretrial negotiation pretrial negotiation is a structured environment in which to study bargaining with incomplete information when a plaintiff believes that a defendant owes him damages he may first attempt to reach a private settlement before resorting to a costly court imposed judgment a central issue in their negotiations is whether the plaintiff s threat to litigate is credible it is possible for the plaintiff to undermine the credibility of his litigation threat by making a settlement demand that is insufficient as a result the plaintiff must raise his settlement demand to limit the amount of bad news he can learn if his offer is rejected when this credibility constraint is binding traditional comparative static results are reversed in addition even though the defendant is being sued he wants the plaintiff s threat to be credible

pretrial negotiations under optimism we develop a tractable and versatile model of pretrial negotiation in which the negotiating parties are optimistic about the judge s decision and anticipate the possible arrival of public information about the case prior to the trial date the parties will settle immediately upon the arrival of information however they may also agree to settle prior to an arrival we derive the settlement dynamics prior to an arrival negotiations result in either immediate agreement a weak deadline effect settling at a particular date before the deadline a strong deadline effect settling at the deadline or impasse depending on the level of optimism our findings match stylized facts

a multistage model of bargaining this paper presents a simple multistage model of bargaining wherein a seller makes an offer that can be either accepted or refused if rejected the process continues how the seller s ability to make commitments affects bargaining outcomes is analysed by comparing the commitment equilibria to those arising when commitment is impossible the effects of increasing uncertainty about preferences and varying the length of the bargaining horizon are analysed the ways in which the bargaining environment can be changed to improve outcomes are discussed

on delay in bargaining with one sided uncertainty recently attention has been given to a model of two person bargaining in which the parties alternate making offers and there is uncertainty about the valuation of one party the purpose of the analysis has been to identify delay to agreement with a screening process where agents with relatively lower valuations distinguish themselves by waiting longer to settle we point out a fundamental difficulty with this program by demonstrating that the assumptions used in the literature allow for delay only in so far as the time between offers is significant

durable goods coasian dynamics and uncertainty theory and experiments this paper presents a model in which a durable goods monopolist sells a product to two buyers each buyer is privately informed about his own valuation thus all players are imperfectly informed about market demand we study the monopolist s pricing behavior as players uncertainty regarding demand vanishes in the limit in the limit players are perfectly informed about the downward sloping demand we show that in all games belonging to a fixed and open neighborhood of the limit game there exists a generically unique equilibrium outcome that exhibits coasian dynamics and in which play lasts for at most two periods a laboratory experiment shows that consistent with our theory outcomes in the certain and uncertain demand treatments are the same median opening prices in both treatments are roughly at the level predicted and considerably below the monopoly price consistent with coasian dynamics these prices are lower for higher discount factors demand withholding however leads to more trading period

reputational bargaining and deadlines i highlight how reputational concerns provide a natural explanation for deadline effects the high frequency of deals prior to a deadline in bargaining rational agents imitate the demands of obstinate behavioral types and engage in brinkmanship in the face of uncertainty about the deadline s arrival i also identify how surplus is divided when the prior probability of behavioral types is vanishingly small if behavioral types are committed to fixed demands outcomes converge to the nash bargaining solution regardless of agents respective impatience if behavioral types can adopt more complex demand strategies outcomes converge to the solution of an alternating offers game without behavioral types for the deadline environment

damaged durable goods i analyze a durable goods monopolist s incentives to introduce a damaged good a stripped down version of the original good in an infinite horizon framework the damaged good helps the monopolist to mitigate the coasian time inconsistency problem however it may lead to a welfare reduction low valuation buyers are induced to purchase the low quality damaged good early rather than buy the high quality original good later and when the players are patient the surplus loss from quality reduction outweighs the gain from earlier consumptions this welfare result contrasts with the previous literature based on a static framework

patent thickets courts and the market for innovation we study how fragmentation of patent rights and the formation of the court of appeals for the federal circuit cafc affected the duration of patent disputes and thus the speed of technology diffusion through licensing we develop a model of patent litigation which predicts faster settlement when patent rights are fragmented and when there is less uncertainty about court outcomes as was associated with the pro patent shift of the cafc we confirm these predictions empirically using a data set that covers patent suits in u s district courts during the period 1975 2000 finally we analyze how fragmentation affects total settlement delay considering both the reduction in dispute duration and the increase in the number of patent negotiations