Abstract
Although previous ethical analyses of management buyouts have presented useful insights, they have been flawed in three major ways. First, they define the transaction too narrowly, emphasizing the “going private” aspect and ignoring the “leveraged” aspect. Leveraging alters the nature of the transaction substantially and warrants additional ethical analysis. Second, these previous analyses ignore the impact of buyouts on non-stockholder constituents of the firm, an omission which renders their implicit utilitarian approach incomplete. Third, these analyses do not include Rawlsian, libertarian, or Kantian perspectives on ethics. This paper addresses these shortcomings and finds the ethical status of leveraged management buyouts to be highly suspect.
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References
Briloff, A.: 1981, The Truth About Corporate Accounting (Harper & Row, New York).
Bruner, R. F. and Paine, L. S.: 1988, ‘Management Buyouts and Managerial Ethics’, California Management Review 30(2), pp. 89–106.
Eisenhardt, K. M.: 1989, ‘Agency Theory: An Assessment and Review’, Academy of Management Review 14(3), pp. 57–74.
Greenwald, J.: 1989, ‘LBO's: Let's Bail Out’, Time, August 14, pp. 50–51.
Houston, D. A. and Howe, J. S.: 1987, ‘The Ethics of Going Private’, Journal of Business Ethics 6(7), pp. 519–525.
Jensen, M. C. and Smith, C. W.: 1985, ‘Stockholder, Manager, and Creditor Interests: Applications of Agency Theory’, in E. Altman and M. Subrahmanyan, Eds., Recent Advances in Corporate Finance (Irwin, Homewood, IL).
Jones, T. M.: 1979, ‘Corporate Governance: Who Controls the Large Corporation?’ Hastings Law Journal 30(5), pp. 1261–1286.
‘Junk Bonds Take Some Unkind Cuts’: 1989, Wall Street Journal, April 14, pp. C1, C16, C19.
Mace, M. W.: 1971, Directors: Myth and Reality (Harvard University Press, Cambridge, MA).
Mitnick, B. M.: 1982, ‘Regulation and the Theory of Agency.’ Policy Studies Review 1(3), pp. 442–453.
Nader, R., Green, M. and Seligman, J.: 1976, ‘Who Rules the Giant Corporation?’ Business and Society Review, No. 18, pp. 40–48.
Nozick, R.: 1974, Anarchy, State, and Utopia (Basic Books, New York).
Rawls, J.: 1971, A Theory of Justice (Belknap Press of Harvard University Press, Cambridge, MA).
Sease, D. R.: 1989, ‘Stocks' Decline Reveals New Psychology’, Wall Street Journal, October 30, pp. C1–C2.
Sherrid, P.: 1989, ‘Debt on Trial’, U.S. News and World Report, February 13.
‘Sifting Ashes on Wall Street’: 1989, Time, September 4, pp. 42–43.
Stein, B. J.: 1985, ‘Going Private is Unethical’ Fortune, November 11, pp. 169–170.
Stein, B. J.: 1986, ‘Where Are the Shareholders' Yachts?’ Barron's, August 19, pp. 6–7.
Stein, B. J.: 1987, ‘Shooting Fish in a Barrel.’ Barron's, January 12, pp. 6–7, 20, 22, 24.
Stein, B. J.: 1988, ‘A New Low? The RJR LBO Makes a Travesty of Fiduciary Responsibility.’ Barron's, November 14.
Velasquez, M. G.: 1982, Business Ethics: Cases and Concepts (Prentice-Hall, Englewood Cliffs, NJ).
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Thomas M. Jones is a Professor of Organization and Environment in the School of Business Administration at the University of Washington in Seattle. He has written on such subjects as business ethics, corporate social responsibility, corporate governance, boards of directors, shareholder litigation, and business and society paradigms. His work has appeared in the Academy of Management Review, California Management Review, Boston University Law Review and the Hastings Law Journal.
Reed O. Hunt, III is currently working for the Seattle Office of Peterson Consulting Limited Partnership, a national business dispute resolution consulting firm.
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Jones, T.M., Hunt, R.O. The ethics of leveraged management buyouts revisited. J Bus Ethics 10, 833–840 (1991). https://doi.org/10.1007/BF00383699
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DOI: https://doi.org/10.1007/BF00383699