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Article
What Hedge Funds Can Teach Corporate America: A Roadmap for Achieving Institutional Investor Oversight
American University Law Review (2007)
  • Robert C Illig, University of Oregon
Abstract
Hedge funds and other private equity funds are aggressive monitors of corporate America. Their investment strategies are designed to squeeze agency costs and other inefficiencies out of underperforming companies. Mutual funds and public pension funds, by contrast, have remained relentlessly passive despite their many resources. Rather than seek to improve the performance of their portfolio companies, they generally prefer to exit any investments that turn sour. Why the difference? In this Article, Professor Illig compares the business environments and regulatory regimes affecting different types of institutional investors. He concludes that the primary reason that most institutional investors do not better discipline corporate wrongdoing is that their individual fund managers have little incentive to do so. Were they permitted to adopt the incentive compensation structure of a hedge fund, however, mutual funds and public pension funds would compete to provide the oversight necessary to make corporate managers more accountable. The result would be a deeper market for good corporate governance.
Keywords
  • monitor,
  • hedge fund,
  • corporate governance,
  • institutional investor,
  • pension fund,
  • mutual fund,
  • compensation
Disciplines
Publication Date
2007
Citation Information
Robert C Illig. "What Hedge Funds Can Teach Corporate America: A Roadmap for Achieving Institutional Investor Oversight" American University Law Review Vol. 57 (2007)
Available at: http://works.bepress.com/robert_illig/2/