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Stranded Costs, Takings, and the Law and Economics of Implicit Contracts AgEcon
Brennan, Timothy J.; Boyd, James.
This paper explores ways in which economic analysis can help resolve the stranded cost controversy that has arisen in debates over electricity market deregulation. "Stranded costs" are costs electric utilities will not recover as power markets move from protected monopolies to an open, competitive environment. The paper begins with a description of the stranded cost problem, its magnitude, and the prominent arguments for and against recovery. We then turn to an analysis of contracts in order to understand whether there is, or should be, a legal duty to compensate utility shareholders for unrecovered costs. The paper also argues that efficient approaches to electricity deregulation will rely on more than an analysis of contracts. In particular, the politics...
Tipo: Working or Discussion Paper Palavras-chave: Stranded costs; Deregulation; Takings; Electric utilities; Contracts; Resource /Energy Economics and Policy; L43; L94; K12.
Ano: 1996 URL: http://purl.umn.edu/10688
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Past Performance Evaluation in Repeated Procurement: A Simple Model of Handicapping AgEcon
Albano, Gian Luigi; Cesi, Berardino.
When procurement contracts are awarded through competitive tendering participating firms commit ex ante to fulfil a set of contractual duties. However, selected contractors may find profitable to renege ex post on their promises by opportunistically delivering lower quality standards. In order to deter ex post moral hazard, buyers may use different strategies depending on the extent to which quality dimensions are contractible, that is, verifiable by contracting parties and by courts. We consider a stylized repeated procurement framework in which a buyer awards a contract over time to two firms with different efficiency levels. If the contractor does not deliver the agreed level of performance the buyer may handicap the same firm in future competitive...
Tipo: Conference Paper or Presentation Palavras-chave: Repeated Procurement; Handicapping; Relational Contracts; Stick and Carrot Strategy; Political Economy; C73; D82; D44; H57; K12; L14.
Ano: 2008 URL: http://purl.umn.edu/6370
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The Role of Market Power in Agricultural Contracts AgEcon
Cordero Salas, Paula.
I study the economic consequences of shifting bargaining power in relational contracts through interventions such as the formation of a Bargaining Group (BG) for the side of sellers in a market where buyers traditionally hold significant market power. Existing theories of relational contracts predict that such a power transfer will have no impact on market efficiency. In contexts where enforcement institutions are weak, a standard assumption from existing theories of relational contracts - the existence of an enforceable base payment - may not hold. In this case, I show that a transfer of bargaining power can erode market efficiency in a dynamic relational contracting environment, which contradicts findings from existing models of relational contracting....
Tipo: Conference Paper or Presentation Palavras-chave: Contracts; Incomplete enforcement; Bargaining group; Distribution; Institutions; Agribusiness; Agricultural and Food Policy; Industrial Organization; Institutional and Behavioral Economics; International Development; D86; K12; L14; O12; Q13..
Ano: 2009 URL: http://purl.umn.edu/49376
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Designing Contracts for Reducing Emissions from Deforestation and Forest Degradation AgEcon
Cordero Salas, Paula.
Reduction of carbon emissions from deforestation and forest degradation (REDD) has been identified as a cost effective element of the post-Kyoto strategy to achieve long-term climate objectives. The success of REDD depends primarily on the design and implementation of a financial mechanism that provides land-holders sufficient incentives to participate in a REDD scheme. This paper proposes relational contracting as a more appropriate framework for analyzing proposed REDD incentive regimes rather than that of complete contracting enforcement because relational contracting relies upon mutual self-enforcement in a repeated transaction framework, which better suits the stylized facts of REDD. We characterize the optimal REDD relational contract and provide the...
Tipo: Conference Paper or Presentation Palavras-chave: Contracts; Incomplete enforcement; Carbon sequestration; Climate change; Institutions; Development.; Environmental Economics and Policy; Institutional and Behavioral Economics; International Development; Land Economics/Use; D86; K12; L14; O12; Q54; Q56.
Ano: 2010 URL: http://purl.umn.edu/61129
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Product liability: the normative Austrian perspective AgEcon
Folmer, Henk; Heijman, Wim J.M.; Leen, Auke R..
The paper is an exercise in a normative economic analysis of product liability. After a short historical introduction, we take two of the basic premises of Austrian economic thought and see which system of product liability results. If costs are subjective and entrepreneurship is the essence of an efficient market process a system of caveat emptor follows. The paper also answers some possible criticisms from the mainstream neoclassical perspective.
Tipo: Working or Discussion Paper Palavras-chave: Austrian economics; Product liability; Contract law; Consumer/Household Economics; B29; K12; K13.
Ano: 2001 URL: http://purl.umn.edu/43020
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The "Regulatory Compact" and Implicit Contracts: Should Stranded Costs Be Recoverable? AgEcon
Boyd, James.
Progress toward electricity market deregulation has brought controversy over whether or not utilities are entitled to compensation for "stranded costs," i.e., costs utilities will not be able to recover due to the advent of competition in their markets. This paper uses a legal and economic analysis of contracts to address the desirability of utility cost recovery. First, underlying principles of law are reviewed to determine whether or not there is a legal presumption of recovery. Then, the analysis considers whether or not an implicit "regulatory compact" between utilities and regulators follows from principles in the economic analysis of law, particularly theories of efficient breach and implicit contracts. The paper concludes that recovery should occur...
Tipo: Working or Discussion Paper Palavras-chave: Stranded costs; Deregulation; Contracts; Electric utilities; Environmental Economics and Policy; L43; L94; K12.
Ano: 1996 URL: http://purl.umn.edu/10803
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The Legal Environment Facing Economic Agents in Production AgEcon
Hipp, Janie S.; Francis, Harriet F..
Agriculture has seen a steady movement toward the increased use of contracts. Agricultural contracts now guide the interrelationships of parties throughout the modern production system, extending well beyond the livestock sector. With this predominance come new issues that require us to reexamine contract theory and the roles of the parties. This review examines legislation, regulations, and recent court rulings in seemingly unrelated areas that have specific relationships to the development of contracts in production agriculture: environmental law and labor law.
Tipo: Journal Article Palavras-chave: Contracting; Environment; Labor; Law; Liability; Relationships; Risk; D23; D86; K12; K31; K32.
Ano: 2005 URL: http://purl.umn.edu/43508
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Bargaining Power in Relational Contracts: An Experimental Study AgEcon
Cordero Salas, Paula.
This paper provides experimental evidence of the economic impact from shifting bargaining power in relational contracts. I implement an experimental design that adjusts the bargaining power of sellers (agents) and the enforceability of the contract. I find that the vast majority of contracts take the form of efficiency wage contracts instead of contingent performance contracts when enforcement is partially incomplete and sellers have more bargaining power than buyers. The total contracted and actual compensation increase with the bargaining power of the sellers. However, sellers' profits are found to increase only if a part of the total payment is third-party enforceable. In this case, observed surplus and efficiency are lower than predictions. When no...
Tipo: Working or Discussion Paper Palavras-chave: Contracts; Incomplete enforcement; Bargaining; Experiments; Distribution; Institutions; Industrial Organization; Institutional and Behavioral Economics; International Development; D86; K12; L14; O12; Q13.
Ano: 2011 URL: http://purl.umn.edu/103579
Registros recuperados: 8
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