Document Type

Article

Publication Title

University of Chicago Law Review

Publication Date

2009

ISSN

0041-9494

Page Number

219

Keywords

private equity, derivatives, corporate governance

Disciplines

Commercial Law | Law | Marketing Law

Abstract

Private equity has reaped large rewards in recent years. We claim that one major reason for this success is due to the corporate governance advantages of private equity over the public corporation. We argue that the development of substantial derivative contracts and trading has significantly weakened the governance of public corporations and has created a need for financially sophisticated directors and much closer supervision of management. The private equity model delivers these benefits and allows corporations to be better governed, creating wealth gains for investors.

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