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Screening Spinouts? How Noncompete Enforceability Affects the Creation, Growth, and Survival of New Firms

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  • Evan Starr

    (Robert H. Smith School of Business, University of Maryland, College Park, Maryland 20742)

  • Natarajan Balasubramanian

    (Whitman School of Management, Syracuse University, Syracuse, New York 13244)

  • Natarajan Balasubramanian

    (Anderson School of Management, University of California, Los Angeles)

Abstract

This paper examines how the enforceability of noncompete covenants affects the creation, growth, and survival of spinouts and other new entrants. The impact of noncompete enforceability on new firms is ambiguous, since noncompetes reduce knowledge leakage but impose hiring costs. However, we posit that enforceability screens formation of within-industry spinouts (WSOs) relative to non-WSOs by dissuading founders with lower human capital. Using data on 5.5 million new firms, we find greater enforceability is associated with fewer WSOs, but relative to non-WSOs, WSOs that are created tend to start and stay larger, are founded by higher-earners, and are more likely to survive their initial years. In contrast, we find no impact on non-WSO entry and a negative effect on size and short-term survival. The online appendix is available at https://doi.org/10.1287/mnsc.2016.2614 . This paper was accepted by David Hsu, entrepreneurship and innovation.

Suggested Citation

  • Evan Starr & Natarajan Balasubramanian & Natarajan Balasubramanian, 2018. "Screening Spinouts? How Noncompete Enforceability Affects the Creation, Growth, and Survival of New Firms," Management Science, INFORMS, vol. 64(2), pages 552-572, February.
    • Handle: RePEc:inm:ormnsc:v:64:y:2018:i:2:p:552-572
    DOI: mnsc.2016.2614
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    3. Mariko Sakakibara & Natarajan Balasubramanian, 2020. "Human capital, parent size, and the destination industry of spinouts," Strategic Management Journal, Wiley Blackwell, vol. 41(5), pages 815-840, May.
    4. Contigiani, Andrea & Testoni, Marco, 2023. "Geographic isolation, trade secrecy, and innovation," Research Policy, Elsevier, vol. 52(8).
    5. Natarajan Balasubramanian & Mariko Sakakibara, 2021. "Incidence and Performance of Spinouts and Incumbent New Ventures: Role of Selection and Redeployability within Parent Firms," Working Papers 21-27, Center for Economic Studies, U.S. Census Bureau.
    6. Alan Manning, 2021. "Monopsony in Labor Markets: A Review," ILR Review, Cornell University, ILR School, vol. 74(1), pages 3-26, January.
    7. Laurel J. Fish & Dennis Halcoussis & G. Michael Phillips, 2021. "Price‐Parity Adjustments Shouldn'T Be A Trade Secret: State‐Level Price Parity And Assessment Of Covenants Not To Compete Enforceability," Contemporary Economic Policy, Western Economic Association International, vol. 39(1), pages 220-235, January.
    8. Bennett, Daniel L. & Wagner, Gary & Araki, Michael, 2024. "Labor market reform as an external enabler of high-growth entrepreneurship: A multi-level institutional contingency perspective," Journal of Business Venturing, Elsevier, vol. 39(6).
    9. Raffaele Conti & Olenka Kacperczyk & Giovanni Valentini, 2022. "Institutional protection of minority employees and entrepreneurship: Evidence from the LGBT Employment Non‐Discrimination Acts," Strategic Management Journal, Wiley Blackwell, vol. 43(4), pages 758-791, April.
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    11. Abigail Ferguson & Nellie Lew & Michael Lipsitz & Devesh Raval, 2023. "Economics at the FTC: Spatial Demand, Veterinary Hospital Mergers, Rulemaking, and Noncompete Agreements," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 63(4), pages 435-465, December.
    12. Daniel W. Elfenbein & Adina D. Sterling, 2018. "(When) Is Hiring Strategic? Human Capital Acquisition in the Age of Algorithms," Strategy Science, INFORMS, vol. 3(4), pages 668-682, December.
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    16. Sascha G. Walter, 2024. "Spin-outs’ knowledge legacies and parent hostility: a competitive dynamics view," Small Business Economics, Springer, vol. 63(3), pages 1019-1039, October.

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