Specifically, we introduce a friction parameter ρ ∈ (0, 1], such that
the share 1 − ρ of the additional surplus that can be generated by the
date-2 negotiations will not be realized.8 Thus, given risk-neutrality,
the simplest interpretation of our model is that an ex post efficient
agreement is reached with probability ρ, while there is an ex post inefficient
bargaining breakdown with probability 1 − ρ.9 As a consequence,
in the presence of frictions the optimal ownership structure is
no longer entirely determined by investment incentives, but it also depends
on the size of the deadweight loss in the date-2 bargaining stage.
We showthat for every ρ b 1, there are situations inwhichownership of
the public good should residewith the party that has a technological advantage,
even if the other party has a larger valuation of the public good.
Hence, our findings show that when contracting imperfections are also
present ex post, then the main conclusions of the original property
rights theory as developed by Grossman and Hart (1986), Hart and
Moore (1990), and Hart (1995) also have bite in the context of public
goods.