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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Delay Determinants of European Banking Union Implementation
Michael Koetter, Thomas Krause, Lena Tonzer
Abstract
To safeguard financial stability and harmonise regulation, the European Commission substantially reformed banking supervision, resolution, and deposit insurance via EU directives. But most countries delay the transposition of these directives. We ask if transposition delays result from strategic considerations of governments conditional on the state of their financial, regulatory, and political systems? Supervisors might try to protect national banking systems and local politicians maybe reluctant to surrender national sovereignty to deal with failed banks. Alternatively, intricate financial regulation might require more implementation time in large and complex financial and political systems. We therefore collect data on the transposition delays of the three Banking Union directives and investigate observed delay variation across member states. Our correlation analyses suggest that existing regulatory and institutional frameworks, rather than banking market structure or political factors, matter for transposition delays.
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Nationale Aufsicht versus Europäische Bankenunion: Unterscheidet sich die Beurteilung der Einflussfaktoren systemischen Risikos von Banken?
Thomas Krause, Talina Sondershaus, Lena Tonzer
Wirtschaft im Wandel,
No. 3,
2017
Abstract
Als Reaktion auf die Finanzkrise unterliegt das Finanzsystem zahlreichen neuen regulatorischen Änderungen. Zum einen wurden bestehende mikroprudenzielle Regeln für Eigenkapital und Liquidität verschärft. Zum anderen wurden makroprudenzielle Instrumente eingeführt. Makroprudenzielle Regulierung hat dabei zum Ziel, systemische Risiken im Finanzsystem frühzeitig zu erkennen, zu reduzieren und somit die Finanzmarktstabilität zu erhöhen. Zudem wurde mit der Einführung der Bankenunion die Aufsicht der größten Banken des Euroraums der Europäischen Zentralbank (EZB) übertragen. Diese Studie untersucht, ob das systemische Risiko von Banken unterschiedlich groß ist, wenn eine europäische im Vergleich zu einer nationalen Perspektive eingenommen wird. Im Anschluss wird die Frage geklärt, welche Faktoren systemisches Risiko beeinflussen und ob sich diese Faktoren zwischen der nationalen und europäischen Ebene unterscheiden. Es zeigt sich, dass Banken auf nationaler Ebene im Durchschnitt etwas mehr zum systemischen Risiko beitragen, wobei es große Unterschiede zwischen Banken und Ländern gibt. Zudem haben größere und profitablere Banken sowie Banken, deren Geschäftsmodell durch eine geringere Kreditvergabe geprägt ist, ein höheres systemisches Risiko.
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Real Effects of Bank Capital Regulations: Global Evidence
Yota D. Deli, Iftekhar Hasan
Journal of Banking and Finance,
2017
Abstract
We examine the effect of the full set of bank capital regulations (capital stringency) on loan growth, using bank-level data for a maximum of 125 countries over the period 1998–2011. Contrary to standard theoretical considerations, we find that overall capital stringency only has a weak negative effect on loan growth. In fact, this effect is completely offset if banks hold moderately high levels of capital. Interestingly, the components of capital stringency that have the strongest negative effect on loan growth are those related to the prevention of banks to use as capital borrowed funds and assets other than cash or government securities. In contrast, compliance with Basel guidelines in using Basel- and credit-risk weights has a much less potent effect on loan growth.
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TV and Entrepreneurship
Viktor Slavtchev, Michael Wyrwich
IWH Discussion Papers,
No. 17,
2017
Abstract
We empirically analyse whether television (TV) can influence entrepreneurial identity and incidence. To identify causal effects, we utilise a quasi-natural experiment setting. During the division of Germany after WWII into West Germany with a free-market economy and the socialistic East Germany with centrally-planned economy, some East German regions had access to West German public TV that – differently from the East German TV – transmitted images, values, attitudes and view of life compatible with the free-market economy principles and supportive of entrepreneurship. We show that during the 40 years of socialistic regime in East Germany entrepreneurship was highly regulated and virtually impossible and that the prevalent formal and informal institutions broke the traditional ties linking entrepreneurship to the characteristics of individuals so that there were hardly any differences in the levels and development of entrepreneurship between East German regions with and without West German TV signal. Using both, regional and individual level data, we show then that, for the period after the Unification in 1990 which made starting an own business in East Germany, possible again, entrepreneurship incidence is higher among the residents of East German regions that had access to West German public TV, indicating that TV can, while transmitting specific images, values, attitudes and view of life, directly impact on the entrepreneurial mindset of individuals. Moreover, we find that young individuals born after 1980 in East German households that had access to West German TV are also more entrepreneurial. These findings point to second-order effects due to inter-personal and inter-generational transmission, a mechanism that can cause persistent differences in the entrepreneurship incidence across (geographically defined) population groups.
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09.08.2017 • 29/2017
Networked and protected
During the financial crisis, billions were spent to rescue banks that were according to their governments too big to be allowed to fail. But a study by Michael Koetter from the Halle Institute for Economic Research (IWH) and co-authors shows that besides the size of the banks, the centrality within the global financial network was also pivotal for financial institutions to receive a bail-out.
Michael Koetter
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Broadening the G20 Financial Inclusion Agenda to Promote Financial Stability: The Role for Regional Banking Networks
Matias Ossandon Busch
G20 Insights Policy Brief, Policy Area "Financial Resilience",
2017
Abstract
Policies that foster the expansion of regional banking services can be an effective tool to enhance financial inclusion by facilitating the access to deposit services. Financial inclusion, in turn, can expand banks’ deposit base with positive spillovers for financial stability, both at the bank and country levels. Governments’ support to unconventional branching via correspondent banking, to the proportionality of regulation, and to the harmonization of banking services can provide the conditions to stimulate banks to reach customers that remain outside the financial system, especially in emerging countries. By encouraging these conditions within its Financial Inclusion Action Plan, the G20 could effectively link its financial inclusion and financial stability objectives within a consistent policy framework.
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Transposition Frictions, Banking Union, and Integrated Financial Markets in Europe
Michael Koetter, Thomas Krause, Lena Tonzer
G20 Insights Policy Brief, Policy Area "Financial Resilience",
2017
Abstract
In response to the financial crisis of 2007/2008, policymakers implemented comprehensive changes concerning the regulation and supervision of banks. Many of those changes, including Basel III or the directives pertaining to the Single Rulebook in the European Union (EU), are agreed upon at the supranational level, which constitutes a key step towards harmonized regulation and supervision in an integrated European financial market. However, the success of these reforms depends on the uniform and timely implementation at the national level. Avoiding strategic delays to implement EU regulation into national laws should thus constitute a main target of the G20.
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Drivers of Systemic Risk: Do National and European Perspectives Differ?
Claudia M. Buch, Thomas Krause, Lena Tonzer
Abstract
In Europe, the financial stability mandate generally rests at the national level. But there is an important exception. Since the establishment of the Banking Union in 2014, the European Central Bank (ECB) can impose stricter regulations than the national regulator. The precondition is that the ECB identifies systemic risks which are not adequately addressed by the macroprudential regulator at the national level. In this paper, we ask whether the drivers of systemic risk differ when applying a national versus a European perspective. We use market data for 80 listed euro-area banks to measure each bank’s contribution to systemic risk (SRISK) at the national and the euro-area level. Our research delivers three main findings. First, on average, systemic risk increased during the financial crisis. The difference between systemic risk at the national and the euro-area level is not very large, but there is considerable heterogeneity across countries and banks. Second, an exploration of the drivers of systemic risk shows that a bank’s contribution to systemic risk is positively related to its size and profitability. It decreases in a bank’s share of loans to total assets. Third, the qualitative determinants of systemic risk are similar at the national and euro-area level, whereas the quantitative importance of some determinants differs.
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Enforceability of Noncompetition Agreements and Firm Innovation: Does State Regulation Matter?
Desheng Yin, Iftekhar Hasan, Nada Kobeissi, Haizhi Wang
Innovation: Organization & Management,
No. 2,
2017
Abstract
In this study, we examine how noncompetition agreements and the mobility of human capital – a core asset of any firm – affect innovations of publicly traded firms in the United States. We find that firms in states with stricter noncompetition enforcement have fewer patent applications. We also examine patent forward citations and find that tougher enforcement of such contracts is associated with less innovative patents. Notably, we find that stronger enforcement of noncompetition agreements impedes innovation for firms facing intense industry labor mobility. High-powered, equity-based compensation positively moderates the relationship between noncompetition enforcement and innovation, but only for the quality of innovation.
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