front cover of The Economic Structure of Corporate Law
The Economic Structure of Corporate Law
Frank Easterbrook and Daniel R. Fischel
Harvard University Press, 1991
The authors argue that the rules and practices of corporate law mimic contractual provisions that parties would reach if they bargained about every contingency at zero cost and flawlessly enforced their agreements. But bargaining and enforcement are costly, and corporate law provides the rules and an enforcement mechanism that govern relations among those who commit their capital to such ventures. The authors work out the reasons for supposing that this is the exclusive function of corporate law and the implications of this perspective.
[more]

logo for Harvard University Press
The New Competition
Institutions of Industrial Restructuring
Michael Best
Harvard University Press, 1990

Why is America losing its competitive edge in basic industries ranging from automobile manufacture to consumer electronics? The reason, Michael Best shows, is the rigid command and control structures that are typical of big business in America. America firms lack the organizational flexibility of the "new competition" practiced by companies in Italy, West Germany, and Japan. The secret to the success of these foreign firms is that they are organized from top to bottom to pursue continuous improvements in methods, products, and processes. They seek competitive advantage not through lowest-cost production but through superior product design. This requires an unusual degree of organizational flexibility, which in turn demands organizational commitments to problem solving, constant attention to detail, and an integration of thought and action in the work place.

The New Competition posits a strategic tension between market competition and cooperation in successful industrial societies. Instead of bargaining with suppliers and customers at arm's length, firms can forge consultative relations with them, facilitating the flow of valuable advice, suggestions, and information and crucially modifying a key processor design. Instead of engaging in price rivalry, companies can pursue product-related rivalries that increase their international competitiveness. Best envisions a new role for national industrial policy—one not of bailing out sick firms in dying industries but of shaping industrial sectors and markets. It would encourage firms to cooperate in terms of the form that competition takes, one that involves products instead of prices.

[more]


Send via email Share on Facebook Share on Twitter