In "The Manufacturing of Markets: Legal, Political and Economic Dynamics," edited by Eric Brousseau and Jean-Michel Glachant. Cambridge University Press (ISBN 978-1-107-05371-7), 2014.
33 Pages Posted: 26 Jul 2011 Last revised: 2 Feb 2014
Date Written: 2014
Public contracts seem to be “expensive” and “inefficient” compared to pure private contracts. Higher prices and inefficiencies in the implementation of public contracts result from their specificity and rigidity, which is how public agents limit hazards from third-party opportunism. We present a comprehensible and testable theory of third-party opportunism and its effects on public contracts. We show that, in the presence of third-party opportunism, there exists an equilibrium in which public contracts are specific and rigid, and thus more expensive in their design, implementation, and control than the theoretical first-best in a non-opportunistic world. We use case examples to extend the theory into practical settings and derive empirical implications.
Keywords: Transaction Costs, Procurement, Public Sector Accounting and Audits, Political Processes, Bureaucracy, Policy Making, Political Economy, Opportunism
JEL Classification: D23, D72, D73, D78, H57, H83, P48
Suggested Citation: Suggested Citation
Spiller, Pablo T. and Moszoro, Marian, Third-Party Opportunism and the Theory of Public Contracts: Operationalization and Applications (2014). In "The Manufacturing of Markets: Legal, Political and Economic Dynamics," edited by Eric Brousseau and Jean-Michel Glachant. Cambridge University Press (ISBN 978-1-107-05371-7), 2014. . Available at SSRN: https://ssrn.com/abstract=1894821 or http://dx.doi.org/10.2139/ssrn.1894821