“便利实践”便利了什么?天然气合同中最惠国条款的实证研究

What Do "Facilitating Practices" Facilitate? An Empirical Investigation of Most-Favored-Nation Clauses in Natural Gas Contracts

Journal of Law & Economics · 1994
被引 54
人大 A-ABS 3

中文导读

研究天然气长期合同中最惠国条款的作用,通过实证数据检验其是促进合谋还是提高效率,结果支持效率解释。

Abstract

Long-term contracts often include most-favored-nation clauses (MFNs), which are nondiscrimination guarantees that obligate a buyer or seller to treat all trading partners symmetrically in pricing decisions. Recent theoretical work has shown that such clauses can facilitate tacit collusion by increasing the cost of selective price changes aimed at attracting new business. An alternative view is that MFNs serve to facilitate efficient price adjustment in extended exchange relationships. We test these competing hypotheses using data from long-term natural gas contracts, many of which employ MFNs. Our conclusion is that the pattern of MFN adoption, in conjunction with the structure of the nondiscrimination regions and the parallels with other nonstrategic price escalation provisions, lends strong support to the efficiency rationale.

最惠国条款天然气合同效率解释长期合同