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Collusion, Shading, and Optimal Organization Design

  • Yutaka Suzuki EMAIL logo
Published/Copyright: June 13, 2022

Abstract

We introduce a behavioral contract theory idea, “shading” (Hart and Moore (2008). “Contracts as Reference Points.” Quarterly Journal of Economics 123 (1): 1–48)) as a component of ex-post haggling (addressed by Coase (1937. “The Nature of the Firm.” Economica 4 (16): 386–405) and Williamson (1975. Markets and Hierarchies: Analysis and Antitrust Implications. New York: Free Press)) into the collusion model à la Tirole (1986. “Hierarchies and Bureaucracies: On the Role of Collusion in Organizations.” Journal of Law, Economics, and Organization 2: 181–214, 1992. “Collusion and the Theory of Organizations.” In Advances in Economic Theory: The Sixth World Congress, edited by J. J. Laffont. Cambridge: Cambridge University Press), thereby constructing a new model of hierarchical organization. By integrating the two ideas, i.e. collusion and shading, we enrich the existing collusion model, thereby obtaining a new result for Collusion-proof versus Equilibrium Collusion. The basic idea is that the increase in shading pressure strengthens the incentive for collusion, thereby making it difficult to implement collusion-proof incentive schemes, which leads to the Equilibrium Collusion. In addition, we also provide a micro-foundation for ex-post haggling costs, where we view rent-seeking associated with collusive behavior and ex-post haggling generated from aggrievement and shading as the two sources of the costs. This model is used to examine the optimal organizational design problem as an optimal response to the trade-off between gross total surplus and ex-post haggling costs, and to take a step further the idea of efficient organization design (Milgrom (1988. “Employment Contracts, Influence Activities and Efficient Organization Design.” Journal of Political Economy 96: 42–60)). We believe that our model could help provide a deep understanding of resource allocation and decision processes in hierarchical organizations.

JEL Classification: D23; D82; D86

Corresponding author: Yutaka Suzuki, Hosei University, Tokyo, Japan, E-mail:

Funding source: Japan Society for the Promotion of Science

Award Identifier / Grant number: Grant-in-Aid for Scientific Research 23530383

Acknowledgement

This paper was begun when I was a visiting scholar at Harvard University from September 2011 to August 2012. I would like to thank Professor Oliver Hart for his valuable comments and suggestions for the first version of this paper, and also to thank Harvard University for its stimulating academic environment and hospitality. I also would like to thank an anonymous referee of this Journal for many helpful comments and suggestions, and appreciate the Editor’s advice for the revision of the paper. This research was financially supported by Grant-in-Aid for Scientific Research by the Japan Society for the Promotion of Science 20530162 and 23530383.

Appendix A: Proof of Proposition 2

Proof

The coefficient of the marginal information rent 1 + p k 1 p increases as the parameter p increases. Hence, the virtual marginal information rent (and so the marginal virtual cost) h 1 h 1 + p k 1 p C X L θ X L C X L θ ̄ X L increases as p increases. This brings about the decrease in the optimal output X L CP . Similarly, 1 + p k 1 p increases as k increases. Hence, the virtual marginal information rent (and so the marginal virtual cost) increases as k increases. This brings about the decrease in the optimal output X L CP . □

Appendix B: Proof of Proposition 3

Proof

In the following formulations of marginal virtual surplus of the two regimes: Collusion-proof “without shading” regime (CP) and “with shading” regime (CPS),

(24) J CP X L , θ X L = 1 p 1 C X L θ X L 1 p + p k h 1 h × C X L θ X L C X L θ ̄ X L Marginal Information Rent .
(25) J CPS X L , θ X L = 1 p 1 C X L θ X L 1 p + p k h 1 h × C X L θ X L C X L θ ̄ X L Marginal Information Rent p β h 1 h C X L θ X L C X L θ ̄ X L Marginal Information Re n t t h r o u g h S h a d i n g .

The optimal solution X L CP satisfies the first-order condition J CP X L CP , θ X L = 0 . Then,

(26) J CPS X L CP , θ X L = p β h 1 h C X L CP θ X L C X L CP θ ̄ X L + Marginal Information Re n t t h r o u g h S h a d i n g 0 f o r β 0 .

Therefore X L CP cannot be optimal for the behavioral, “with shading” regime (CPS). A marginal decrease in X L from X L CP would increase the virtual surplus J CPS X L , θ of “with shading” regime (CPS). Thus, we have X L CPS < X L CP for β > 0.

Comparative statics is straight forward. From (25), the derivative J X L CPS X L , θ is decreasing in β (shading strength by the agent). That is,

(27) J X L β CPS X L , θ = p h 1 h C X L θ X L C X L θ ̄ X L < 0 .

Hence, the optimal solution with ex-post shading X L CPS is decreasing in β. □

Appendix C: Proof of Proposition 4

Proof

First, the expected virtual surplus in the Collusion-proof “without shading” regime (CP) is h p X H FB C X H FB θ ̄ k U CP θ ̄ + 1 p X H CP C X H CP θ ̄ U CP θ ̄ + ( 1 h ) p X L FB C X L FB θ + 1 p X L CP C X L CP θ where U CP θ ̄ = C X L CP θ C X L CP θ ̄ i s t h e i n f o r m a t i o n r e n t i n t h i s r e g i m e ( C P ) .

The maximized expected virtual surplus in the Collusion-proof “without shading” regime (CP) is

(28) h X H FB C X H FB θ ̄ h p k + 1 p U CP θ ̄ + 1 h p X L FB C X L FB θ + 1 p X L CP C X L CP θ .

Next, the expected virtual surplus in the collusion-proof “with shading” regime (CPS) is

(29) h p X H FB C X H FB θ ̄ W S CPS θ ̄ + 1 p X H CPS C X H CPS θ ̄ U CPS θ ̄ + 1 h p X L FB C X L FB θ + 1 p X L CPS C X L CPS θ ,

where U CPS θ ̄ = C X L CPS θ C X L CPS θ ̄ is the information rent in this regime (CPS), and X H CPS and X L CPS are determined by (15) and (16). By reminding the modified coalition-proof constraint W S CPS θ ̄ β U CPS θ ̄ k U CPS θ ̄ , and substituting X H CPS = X H FB , the maximized expected virtual surplus in the collusion-proof “with shading” regime (CPS) is as follows.

(30) h X H FB C X H FB θ ̄ h p k + β + 1 p U CPS θ ̄ + 1 h p X L FB C X L FB θ + 1 p X L CPS C X L CPS θ .

This is transformed as follows.

(31) h X H FB C X H FB θ ̄ h p k + 1 p U CPS θ ̄ h p β U CPS θ ̄ + 1 h p X L FB C X L FB θ + 1 p X L CPS C X L CPS θ .

Taking the difference of the above two maximized expected virtual surpluses, the condition for the expected virtual surplus in the collusion-proof “with shading” regime (CPS) to be smaller than the one in the collusion-proof “without shading” regime (CP) is as follows.

h p β U CPS θ ̄ > h p k + 1 p U CPS θ ̄ U CP θ ̄ + 1 h 1 p X L CPS C X L CPS θ X L CP C X L CP θ . V S CPS < V S CP

The RHS of the inequality is negative from the following “Revealed Preference” relation

1 h 1 p X L CP C X L CP θ h p k + 1 p U CP θ ̄ > 1 h 1 p X L CPS C X L CPS θ h p k + 1 p U CPS θ ̄ .

The LHS of the inequality is positive for β > 0. Therefore, VSCPS < VSCP always holds, which means that the maximized expected virtual surplus is always smaller in the behavioral regime (CPS) than in the no behavioral regime (CP), and implies the existence of “Haggling Cost” when the shading behavior occurs. □

Appendix D: Proof of Proposition 5

Proof

Substituting the optimal solution X H CPS = X H FB for H-type, the expected virtual profit for the principal in the Collusion-Proof regime with shading (CPS) is written as follows.

h p X H FB C X H FB θ ̄ k + β U θ ̄ + 1 p X H FB C X H FB θ ̄ U θ ̄ + 1 h p X L FB C X L FB θ + 1 p X L C X L θ
(30′) = 1 h 1 p X L C X L θ h 1 p + p k + β U θ ̄ + h X H FB C X H FB θ ̄ + 1 h p X L FB C X L FB θ ,

where U θ ̄ = C X L θ C X L θ ̄ is the information rent in this regime.

Similarly, substituting the optimal solution X H EC = X H FB for H-type, the expected virtual profit for the principal in Equilibrium Collusion regime (EC) is written as follows.

h p X H FB C X H FB θ ̄ U θ ̄ + 1 p X H FB C X H FB θ ̄ U θ ̄ + 1 h p X L FB C X L FB θ + 1 p X L C X L θ
(32) = 1 h 1 p X L C X L θ h U θ ̄ + h X H FB C X H FB θ ̄ + 1 h p X L FB C X L FB θ .

Hence, which regime can achieve higher efficiency depends on the comparison of the following two optimal values.

(33) VS CPS = max X L 1 h 1 p X L C X L θ h 1 p + p k + β U θ ̄ .
(34) VS EC = max X L 1 h 1 p X L C X L θ h U θ ̄ .

By applying the optimization and envelope theorem, we find that

(35) VS CPS VS EC 1 p + p k + β 1 β 1 k .
(36) VS CPS VS EC 1 p + p k + β 1 β 1 k .

Putting this together with the above lemma, when the shading strength β ≤ 1 − k, we have X L CPS X L EC VS CPS VS EC , and so the principal optimally chooses the Collusion-Proof regime with shading (CPS). Similarly, when the shading strength β ≥ 1 − k, we have X L CPS X L EC VS CPS VS EC , and so the principal optimally chooses the Equilibrium Collusion regime (EC). □

Appendix E: Proof of Lemma 3

Proof

EC implies the partial equilibrium collusion between H-type and the supervisor, θ ̄ , S , and the supervisor does not collude with L-type. That is, on the one hand, s = θ ̄ and r = ϕ, and on the other hand, s = θ and r = θ , with probability p.

The maximized expected virtual profit for the principal in Equilibrium Collusion regime (EC) is as follows.

(37) h X H FB C X H FB θ ̄ + 1 h p X L FB C X L FB θ + 1 h 1 p X L EC C X L EC θ h U EC θ ̄ ,

where U EC θ ̄ = C X L EC θ C X L EC θ ̄ and X L EC is determined by (21).

The maximized expected virtual profit for the principal in Two-tier, No-supervisor regime (TW) is as follows.

(38) h X H FB C X H FB θ ̄ + 1 h X L TW C X L TW θ h U TW θ ̄ ,

where U TW θ ̄ = C X L TW θ C X L TW θ ̄ and X L TW is determined by (9).

Then, we have X L EC < X L TW .

For the payoff comparison between EC and TW, we can apply the argument in Suzuki (2018).

From the “Revealed Preference” argument, the following two inequalities hold.

(39) 1 h 1 p X L EC C X L EC θ h C X L EC θ C X L EC θ ̄ > 1 h 1 p X L TW C X L TW θ h C X L TW θ C X L TW θ ̄
(40) 1 h p X L FB C X L FB θ > 1 h p X L TW C X L TW θ

Adding them up, we obtain the comparison result on EC and TW.

(41) 1 h p X L FB C X L FB θ + 1 h 1 p X L EC C X L EC θ h C X L EC θ C X L EC θ ̄ > 1 h X L TW C X L TW θ h C X L TW θ C X L TW θ ̄

That is, TW (Two-tier structure with No Supervisor) is strictly dominated by EC (Three-tier hierarchy with partial equilibrium collusion) for all k 0,1 , β > 0 . A rationale is that having the contract for the L-type contingent on the supervisor’s report r θ , ϕ (Three-tier hierarchy) X L FB r = θ w · p p , X L EC r = ϕ w . p 1 p is strictly better than the “pooling contract” (Two-tier hierarchy) X L TW w . p 1 . Figure 3 shows this point. □

Appendix F: Proof of Proposition 6

Proof

From Proposition 5 and Lemma 3, when β + k ≤ 1, the Collusion-proof principle still holds: CPS ≥ EC > TW.

When β + k ≥ 1, we have already known that EC ≥ CPS, and have also checked that EC > TW always holds, when Z = 0. Therefore, the remaining one is the comparison between CPS and TW.

The expected virtual surplus in the collusion-proof “with shading” regime (CPS) is given by (29), where W S CPS θ ̄ = k + β U CPS θ ̄ , X H CPS = X H FB , and X L CPS is determined by (16).

The maximized expected virtual surplus in the collusion-proof “with shading” regime (CPS) is given by (30).

Then, the following two “Revealed Preference” relations hold.

(42) 1 h 1 p X L CPS C X L CPS θ h p k + β + 1 p U CPS θ ̄ > 1 h 1 p X L TW C X L TW θ h p k + β + 1 p U TW θ ̄ .
(43) 1 h p X L FB C X L FB θ > 1 h p X L TW C X L TW θ .

Adding them up, we obtain the comparison result (Step 1) on CPS and TW,

(44) 1 h p X L FB C X L FB θ + 1 h 1 p X L CPS C X L CPS θ h p k + β + 1 p U CPS θ ̄ > 1 h p X L TW C X L TW θ + 1 h 1 p X L TW C X L TW θ h p k + β + 1 p U TW θ ̄ = 1 h X L TW C X L TW θ h p k + β + 1 p U TW θ ̄ .

If p k + β + 1 p 1 β + k 1 , we obtain Step 2.

(45) 1 h X L TW C X L TW θ h p k + β + 1 p U TW θ ̄ 1 h X L TW C X L TW θ h U TW θ ̄

Thus, we have

(46) 1 h p X L FB C X L FB θ + 1 h 1 p X L CPS C X L CPS θ h p k + β + 1 p U CPS θ ̄ > 1 h X L TW C X L TW θ h U TW θ ̄

This means that CPS > TW when β + k ≤ 1. CPS ≥ EC when β + k ≤ 1 is also known.

Since EC > TW has already been proven, we have the comparison result CPS ≥ EC > TW.

Next, when β + k ≥ 1, we cannot have (45) (the above Step 2).

(47) X TW X L CPS i f 1 p + p k + β 1 β 1 k .

Then, as the shading parameter β becomes larger (as β → +∞), the optimal output X L CPS , which is determined by (16), goes to zero, X L CPS 0 . The potential aggrievement (information rent) for the agent also goes to zero, U CPS θ ̄ 0 . Hence, the equilibrium payoff of the Collusion-proof regime with shading (CPS) goes to p h X H FB C X H FB θ ̄ + 1 h X L FB C X L FB θ : The First Best Expected Total Surplus.

On the other hand, the payoff of the Two-tier, No Supervisor regime (TW) is independent of β, p

h X H FB C X H FB θ ̄ + 1 h X L TW C X L TW θ h U TW θ ̄ .

Hence, which payoff is greater between (CPS) and (TW) at β → +∞ depends on the relative size of

(48) p h X H FB C X H FB θ ̄ + 1 h X L FB C X L FB θ < h X H FB C X H FB θ ̄ + 1 h X L TW C X L TW θ h U TW θ ̄ .

Case1

(49) I f p < h X H FB C X H FB θ ̄ + 1 h X L TW C X L TW θ h U TW θ ̄ Two  -  tier Payoff  =  Second Best Expected Total Surplus h X H FB C X H FB θ ̄ + 1 h X L FB C X L FB θ First Best Expected Total Surplus = p *

There exists a cutoff value of shading strength β* such that for β > β * 1 k “Two-tier Hierarchy (TW)” Payoff dominates “Collusion-proof” regime with ex-post shading (CPS).

Case2

(50) I f p h X H FB C X H FB θ ̄ + 1 h X L TW C X L TW θ h U TW θ ̄ Two  -  tier Payoff  =  Second Best Expected Total Surplus h X H FB C X H FB θ ̄ + 1 h X L FB C X L FB θ First Best Expected Total Surplus = p *

“Two-tier, No Supervisor” Hierarchy (TW) is not optimal even for β → +∞, but Collusion-proof regime with ex-post shading (CPS) is optimally chosen. The point is that Shut-down is endogenously chosen in the states of θ , ϕ , that is, the optimal output goes to zero, X L CPS 0 , and the potential aggrievement (information rent) also goes to zero, U CPS θ ̄ 0 .

As p becomes smaller, the states of θ , ϕ with probability 1 − p increase. Then the principal cannot neglect her decision X L CPS any more in the supervisory no information state ϕ, in the form of X L CPS 0 . However, the cost of collusion-proof constraint, or the shading cost which the principal will eventually bear becomes very large. Since it is too costly, the principal switches to the Two-tier Regime (TW) which induces X L TW in both states. □

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Received: 2020-08-18
Revised: 2021-11-14
Accepted: 2022-05-23
Published Online: 2022-06-13

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