State Enforceability of Noncompete Agreements: Regulations that Stifle Productivity!
S. Anand, Iftekhar Hasan, P. Sharma, Haizhi Wang
Human Resource Management,
No. 1,
2018
Abstract
Noncompete agreements (also known as covenants not to compete [CNCs]) are frequently used by many businesses in an attempt to maintain their competitive advantage by safeguarding their human capital and the associated business secrets. Although the choice of whether to include CNCs in employment contracts is made by firms, the real extent of their restrictiveness is determined by the state laws. In this article, we explore the effect of state‐level CNC enforceability on firm productivity. We assert that an increase in state level CNC enforceability is detrimental to firm productivity, and this relationship becomes stronger as comparable job opportunities become more concentrated in a firm's home state. On the other hand, this negative relationship is weakened as employee compensation tends to become more long‐term oriented. Results based on hierarchical linear modeling analysis of 21,134 firm‐year observations for 3,027 unique firms supported all three hypotheses.
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26.11.2015 • 43/2015
Political lendings of German Savings Banks
A recent paper of the Halle Institute for Economic Research (IWH) suggests that German local politicians take advantage of their influence on the credit decisions of German savings banks. “German savings banks on average increase the supply of commercial loans by €7.6 million in the year of a local election”, says IWH president Reint E. Gropp. Loans that the savings banks generate during election years also perform worse and lead to lower interest income. The results suggest that local politicians take advantage of savings banks to further their chances of re-election.
Reint E. Gropp
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Big Banks and Macroeconomic Outcomes: Theory and Cross-Country Evidence of Granularity
Franziska Bremus, Claudia M. Buch, K. Russ, Monika Schnitzer
NBER Working Paper No. 19093,
2013
Abstract
Does the mere presence of big banks affect macroeconomic outcomes? In this paper, we develop a theory of granularity (Gabaix, 2011) for the banking sector, introducing Bertrand competition and heterogeneous banks charging variable markups. Using this framework, we show conditions under which idiosyncratic shocks to bank lending can generate aggregate fluctuations in the credit supply when the banking sector is highly concentrated. We empirically assess the relevance of these granular effects in banking using a linked micro-macro dataset of more than 80 countries for the years 1995-2009. The banking sector for many countries is indeed granular, as the right tail of the bank size distribution follows a power law. We then demonstrate granular effects in the banking sector on macroeconomic outcomes. The presence of big banks measured by high market concentration is associated with a positive and significant relationship between bank-level credit growth and aggregate growth of credit or gross domestic product.
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Preventing Innovative Cooperations: The Legal Exemptions Unintended Side Effect
Christian Growitsch, Nicole Nulsch, Margarethe Rammerstorfer
European Journal of Law and Economics,
No. 1,
2012
Abstract
In 2004, European competition law had been considerable changed by the introduction of the new Council Regulation No. 1/2003. One of the major renewals was the replacement of the centralized notification system for inter-company cooperations in favor of a so-called legal exemption system. We analyze the implications of this reform and its arising uncertainty on the agreements firms implement, especially on innovative agreements like vertical R&D agreements. By means of a decision theoretic approach, we show that the law’s intention to reduce the incentive to establish illegal cartels will be reached but innovating cooperations might be prevented. To avoid this unintended side effect, fines but not the monitoring activities should be increased.
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A New Metric for Banking Integration in Europe
Reint E. Gropp, A. K. Kashyap
Europe and the Euro,
2010
Abstract
Most observers have concluded that while money markets and government bond markets are rapidly integrating following the introduction of the common currency in the euro area, there is little evidence that a similar integration process is taking place for retail banking. Data on cross-border retail bank flows, cross-border bank mergers and the law of one price reveal no evidence of integration in retail banking. This paper shows that the previous tests of bank integration are weak in that they are not based on an equilibrium concept and are neither necessary nor sufficient statistics for bank integration. The paper proposes a new test of integration based on convergence in banks' profitability. The new test emphasises the role of an active market for corporate control and of competition in banking integration. European listed banks profitability appears to converge to a common level. There is weak evidence that competition eliminates high profits for these banks, and underperforming banks tend to show improved profitability. Unlisted European banks differ markedly. Their profits show no tendency to revert to a common target rate of profitability. Overall, the banking market in Europe appears far from being integrated. In contrast, in the U.S. both listed and unlisted commercial banks profits converge to the same target, and high profit banks see their profits driven down quickly.
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On the Rationale of Leniency Programs: a Game-Theoretical Analysis
Ulrich Blum, Nicole Steinat, Michael A. Veltins
European Journal of Law and Economics,
2008
Abstract
In order to enhance the enforcement of Antitrust Law, leniency policies were introduced in nearly all industrialized countries. These programs aim at deterring and eliminating cartels. In this paper we analyze the rationale of the current European and German leniency regulation. We challenge the contemporary view that the standard leniency privilege is incentive-compatible with respect to its aim to enhance competition. Instead, we argue for it to be used as a preemptive strike against competitors under circumstances where cartels become unstable. This implies a tightening of markets in subsequent periods and, thus, a potential reduction in competition intensity. Given strategic reasoning by agents, the principal witness may assure an economically privileged position in the future. This consequence might not be intended by the bonus regulations. Nevertheless if the leniency policies lead to more competition in the market the results should be welcomed by the national cartel offices. We give anecdotal evidence of the German cement case and base our arguments on a game-theoretical model.
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Preventing Innovative Cooperations: The Legal Exemptions Unintended Side Effect
Christian Growitsch, Nicole Nulsch, Margarethe Rammerstorfer
IWH Discussion Papers,
No. 6,
2008
Abstract
In 2004, European competition law had been faced with considerable changes due to the introduction of the new Council Regulation No. 1/2003. One of the major renewals was the replacement of the centralized notification system for inter-company cooperations in favor of a so-called legal exemption system. We analyze the implications of this reform on the agreements firms implement. In contrast to previous research we focus on the reform’s impact on especially welfare enhancing, namely innovative agreements. We show that the law’s intention to reduce the incentive to establish illegal cartels will be reached. However, by the same mechanism, also highly innovative cooperations might be prevented. To avoid this unintended effect, we conclude that only fines but not the monitoring activities should be increased in order to deter illegal but not innovative agreements.
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The Maximum Level of Fines Restricts the Effect of European Competition Law
Henry Dannenberg, Nicole Steinat
Wirtschaft im Wandel,
No. 2,
2008
Abstract
In 2006, the fining guidelines for competition law infringements were completely renewed. The aim of this reform was twofold: on the one hand to decrease the incentive for cartelization and on the other hand to increase the likelihood of cartel detection.
The article studies how company’s decision for or against a cartel is influenced by these guidelines. We show that due to the maximum level of fines – which refers to the worldwide group turnover - an effective deterrence level can be achieved only for those companies, which realize just a small part of their turnover in the relevant market. Their incentive to blow the whistle increases with the cartel duration. This leads to a rising instability of cartels where one member generates only a small part of its turnover in the relevant market. In contrast, the deterrence level for companies that realize a large part of their sales in the relevant market is quite low due to the maximum level of fines.
The article gives a short overview of the risk factor competition law – from a company perspective. We illustrate how the expenditures related to cartel law infringements can be calculated. Further on, the minimum profit margins that are necessary for an economically advantageous cartel are determined. We show that for certain types of cartels already small rates of return are sufficient to make cartel participation attractive.
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Risk-factor competition law infringement
Henry Dannenberg, Nicole Steinat
Risk, Fraud & Compliance ZRFC,
No. 1,
2008
Abstract
During the last couple of years the European Commission increased the fines for competition law infringements. Regardless whether an infringement was only negligent or intended it can result in enormous financial risks for companies. The following article shows a distribution of the financial risk of cartel law infringements in Europe. The potential fine - which can amount to a multiple of annual sales in the relevant market - should sensitize managers to check their own undertaking whether they are involved in such violations.
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Implementation of Competition Law in Developing and Transition Countries. Theoretical and Empirical Considerations
Franz Kronthaler
Schriften des IWH,
No. 26,
2007
Abstract
The success of free market economies over the last 200 years supports the notion that competition increases individual and social wealth. Developing countries that have undergone the necessary reforms today are amongst the most driving “emerging” economies in the world.
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