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Securities Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2008

Banking and Finance Law

University of Miami Law School

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Full-Text Articles in Securities Law

Private Equity's Three Lessons For Agency Theory, William Wilson Bratton Dec 2008

Private Equity's Three Lessons For Agency Theory, William Wilson Bratton

Articles

It is time to consider the lessons to be learned from the recent boom in private equity buyouts, not least in view of its abrupt termination in the wake of tightened credit. In the past, such inquiries have been undertaken in the context of agency theory and have focused on the buyout's implications for solving the problem of separation of ownership and control. This article reverses the pattern of inquiry to consider the buyout's implications for agency theory, pointing to three lessons. The first lesson addresses agency theory's three-way association among control transfers, governance discipline and hostile takeovers, suggesting that …