Unequal Ownership

44 Pages Posted: 9 Jan 2025 Last revised: 5 Feb 2025

See all articles by Ofer Eldar

Ofer Eldar

University of California, Berkeley - School of Law; European Corporate Governance Institute (ECGI); Halle Institute for Economic Research

Rory Van Loo

Boston University - School of Law; Yale University - Yale Information Society Project

Date Written: December 28, 2022

Abstract

Market concentration and weak competition do not just lead to lower efficiency but also result in corporate profits flowing primarily to wealthy households that own a disproportionate share of public corporations. We demonstrate that this is a growing distributional problem not only due to familiar reasons in the literature, most notably shifts in market power, but also due to changes in the socio-economic makeup of ownership. Over the past twenty years, households in the bottom 90 percent of wealth have seen their share of stock ownership decline by half. That is, the ownership of corporations has become increasingly concentrated among the wealthy at a time when corporations are arguably extracting ever more surplus from consumers and workers. 


This Article seeks to situate the distribution of ownership at the center of policies to address the impact of declining competition. The gist of our proposal is that policies to reverse existing trends by broadening the ownership of public corporations to middle- and low-income households may help mitigate the harmful consequences of market power. The general objective of such policies would be to bring the distribution of ownership closer towards more equal ownership of corporations by the public. 

Policies to mitigate unequal ownerships are desirable for two main reasons. First, the simplest effect of expanding ownership would be to enable a broader array of stakeholders to benefit from the excess profits earned by firms in concentrated markets. Second, we demonstrate theoretically that if corporate stakeholders, particularly consumers and workers, own shares in public corporations, managers may offer more competitive prices and wages, to the extent that managers internalize the interests of their owners. Accordingly, policies to promote equal ownership of corporations can serve as a complimentary policy tool to existing policies, such as antitrust and regulation, and offers potentially consequential advantages.

Suggested Citation

Eldar, Ofer and Van Loo, Rory, Unequal Ownership (December 28, 2022). European Corporate Governance Institute - Law Working Paper No. 677/2023, Boston University Law Review (2025), Available at SSRN: https://ssrn.com/abstract=4314246 or http://dx.doi.org/10.2139/ssrn.4314246

Ofer Eldar

University of California, Berkeley - School of Law ( email )

215 Law Building
Berkeley, CA 94720-7200
United States

European Corporate Governance Institute (ECGI) ( email )

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

Halle Institute for Economic Research ( email )

P.O. Box 11 03 61
Kleine Maerkerstrasse 8
D-06017 Halle, 06108
Germany

Rory Van Loo (Contact Author)

Boston University - School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

Yale University - Yale Information Society Project

127 Wall Street
New Haven, CT 06511
United States

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