Dealers enter nonbinding expressions of interest during the Nasdaq preopening to promote price discovery and ease stock inventory management when the market opens. But does this practice of “indicating ahead” constitute best execution for an individual customer? Arguments in favor of the practice rely on the notion that best execution is a general condition as opposed to a concept applicable on a trade-by-trade basis. Some customers must sacrifice in individual instances to improve the functioning of the overall market. But the practice of indicating ahead violates the dealer agent's duty of loyalty to her individual customer. Moreover, the dealer's financial self-interest is best served by indicating ahead. Journal of Economic Literature Classification Numbers: G10, G18, K22.

We examine research and development (R&D) agreements between government agencies and other organizations. Consistent with theories of contractual “hold up,” contracts are longer and more complete when the parties envision a joint product as opposed to when they merely plan to share information. Contracts are less complete when the parties have an ongoing business relationship, suggesting an interaction between reputation and explicit contracting. While our experiment cannot dismiss the possibility that these empirical regularities simply reflect the nature of the parties' joint investment, the findings are consistent with arguments that theories of contracting for tangible inputs also pertain to R&D.