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The effect of trade secret legal protection on venture capital investments: Evidence from the inevitable disclosure doctrine

Author

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  • Francesco Castellaneta

    (GREDEG - Groupe de Recherche en Droit, Economie et Gestion - UNS - Université Nice Sophia Antipolis (1965 - 2019) - CNRS - Centre National de la Recherche Scientifique - UniCA - Université Côte d'Azur, SKEMA Business School - SKEMA Business School)

Abstract

Purpose This paper aims to present a model of how incentives enhance competitive advantage by improving the sourcing, development and leveraging of firm capabilities. Design/methodology/approach The author first reviews the key findings of prominent academic and managerial papers on capability building and incentives. The author then proposes a model that advances our understanding of how incentives affect competitive advantage through capability building. The author applies this model to the empirical setting of private equity, where buyouts – by adopting the "carrot and stick" approach – improve the alignment of managerial and firm interests and, in turn, encourage capability building. Findings The model shows how incentives act on capabilities in three areas: the leveraging of existing capabilities, the sourcing of capabilities internally and the sourcing of capabilities externally. Practical implications The model is useful for focusing executives on how incentives impact the development of firm capabilities, which are at the core of competitive advantage. Originality/value This paper expands on existing literature by providing a model linking incentives to the competitive advantage of the firm. The model will encourage new ways of thinking about incentive programs, casting them as a method for developing firm capabilities and thereby sustaining firms' competitive advantage.

Suggested Citation

  • Francesco Castellaneta, 2016. "The effect of trade secret legal protection on venture capital investments: Evidence from the inevitable disclosure doctrine," Post-Print halshs-03902431, HAL.
  • Handle: RePEc:hal:journl:halshs-03902431
    DOI: 10.1016/j.jbusvent.2016.07.004
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    Citations

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    Cited by:

    1. Bradley, Daniel & Hu, Dan & Yuan, Xiaojing & Zhang, Chi, 2023. "Trade secret protection and product market dynamics," Journal of Corporate Finance, Elsevier, vol. 83(C).
    2. Contigiani, Andrea & Testoni, Marco, 2023. "Geographic isolation, trade secrecy, and innovation," Research Policy, Elsevier, vol. 52(8).
    3. Fedorenko, Ivan & Berthon, Pierre & Edelman, Linda, 2023. "Top secret: Integrating 20 years of research on secrecy," Technovation, Elsevier, vol. 123(C).
    4. Oz Shy & Rune Stenbacka, 2023. "Noncompete agreements, training, and wage competition," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 32(2), pages 328-347, April.

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