Working Paper

Dynastic Entrepreneurship, Entry, and Non-Compete Enforcement

James E. Rauch
CESifo, Munich, 2015

CESifo Working Paper No. 5370

We investigate entry in a dynastic entrepreneurship (overlapping generations) environment created by employee spinoffs. Without finance constraints, enforcement of non-compete agreements unambiguously improves social welfare outcomes, and even increases the rate of spinoffs from original firms. Indeed, if employers have all the bargaining power vis-à-vis their employees, optimal entry of original firms and all subsequent employee spinoffs is achieved, despite the fact that the original firm can only negotiate with the first spinoff. However, if employees are unable to buy out their non-compete contracts, enforcement of these agreements shuts down socially profitable spinoff firms. Non-enforcement sacrifices entry of original firms that would be marginally profitable in the absence of employee spinoffs, but otherwise clearly improves social welfare outcomes over enforcement in the presence of finance constraints.

CESifo Category
Industrial Organisation
Labour Markets
Keywords: entrepreneurship, entry, finance constraints, non-competes, overlapping generations, spinoffs
JEL Classification: K120, L260