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Understanding Styles of Corporate Compliance with Environmental Regulation: Towards a Multidimensional
Conceptual Framework
Carlos Wing-Hung Lo, Ning Liu, Xueyong Zhan Department of Management and Marketing
The Hong Kong Polytechnic University Hung Hom, Kowloon, Hong Kong
Paper prepared for the 11th National Public Management Research Conference
Syracuse University, June 2-4, 2011.
Abstract This research applies the convergent insights of regulatory compliance and
resource-dependence perspective to build a systematic framework of corporate
compliance style (CCS thereafter). We use environmental regulation as the context
of corporate compliance, and link corporate compliance with the levels of regulatory
certainty and organizational nonmarket capabilities. We further develop a two
dimensional model of CCS, based on which four scenarios of CCS are proposed,
namely formalism, accommodation, referencing and self-determinism. We also
discuss the applicability of our framework in a wide array of regulatory domains.
This study hence extends the traditional compliance studies and provides a new
perspective for the understanding of specific mechanisms that impact compliance
behavioral patterns.
2
Introduction In recent years, industrial pollution control has been an urgent regulatory task in both
developed and developing countries, and what cannot be ignored is that many polluting
firms are still at the threshold of minimum compliance or even in non-compliance. Thus,
increasing scholarly attention has been paid to the understanding of corporate compliance
with environmental regulations, and existing literature on regulatory enforcement and
corporate management has developed various typologies of organizational responses to the
natural environment (Aragón-Correa & Sharma, 2003; Christmann, 2004; Henriques &
Sadorsky, 1999; Hunt & Auster, 1990) or external demands (Oliver, 1991). One limitation
of existing literate is that the classification of organizational responses is
performance-oriented and often conceptualized as a continuum from non-compliance to
over-compliance. Notably lacking from the literature, nevertheless, is the explicit attention
to (1) whether there exist diversified complying styles in response to regulatory
requirements, and (2) how these styles are formed in different institutional environment.
To investigate the above two research questions, we propose a conceptual
framework of corporate compliance style (hereafter, we use the abbreviation CCS to stand
for corporate compliance style) in the context of corporate environmental management.
The rationale underlines the concept of CCS, as suggested by institutional theory (Meyer &
Rowan, 1977), is that firms are always struggling to make a balance between maintaining
internal efficiency and seeking external legitimacy. Though the question of resolving
conflict between organizational legitimacy and efficiency has been central to institutional
theory since 1970s, it is relatively unfamiliar in the environmental regulatory literature. We
posit in this study that perceived regulatory certainty influences the cost-efficiency of
corporate compliance, while organizational capability influences the extent firms can gain
regulatory legitimacy. Hence under different external and internal conditions,
organizations are likely to form different complying styles towards regulation. .
To propose a generic framework that allows careful consideration of how
distinctive CCSs are formed in different scenarios, we draw upon theories of regulatory
3
compliance and resource-based perspective. Different from previous performance-oriented
studies that categorize firms based on a single axis of outcome, we argue that regulatory
certainty and organizational nonmarket capabilities are closely aligned in shaping CCS of a
regulated firm. Thus, we focus on the behavioral diversity of regulatees and propose four
scenarios of CCS, namely formalism, accommodation, referencing and self-determinism.
The integrated framework helps us better understand the determinants of corporate
compliance and ultimately the complying performance.
The paper is organized as follows. We start with a general discussion about the
dilemma faced by regulated firms to secure both internal efficiency and external legitimacy.
Based on the review of literature on regulatory enforcement and corporate strategy, we
develop an X-Y framework that integrates the two lines of literature into a set of combined
conditions for corporate compliance. Then we propose four CCS scenarios that are shaped
by different conditions of regulatory certainty and non-market capability. This paper
concludes with a discussion about the research and practical implications of our CCS
framework.
Literature Review The relationship between regulation and corporate compliance has been widely
studied (Burby & Paterson, 1993; Gunningham, Thornton, & Kagan, 2005; May, 2005;
Paternoster et al., 1983; Winter & May, 2001). A substantial theoretical and empirical
literature has investigated the economic, political, social and psychological bases of
corporate compliance (Henriques & Sadorsky, 1999; Shimshack & Ward, 2005; Wang &
Jin, 2007). Regulatory scholarship in recent years has dig deeper into the external
constraints of corporate compliance, such as information availability and transmission
(Darnall, 2010; Koski & May, 2006; Lee, 2010), and regulatory enforcement styles that
affect compliance outcome (Lo & Fryxell, 2003; May & Wood, 2003). In the management
research field, various typologies of organizational responses to the natural environment
(Aragón-Correa & Sharma, 2003; Christmann, 2004; Henriques & Sadorsky, 1999; Hunt
& Auster, 1990) or external demands (Oliver, 1991) have been developed. For instance,
4
Oliver (1991) posits five increasingly active levels of organizational resistance ranging
from acquiescence to political manipulation to given institutional demands. Table 1
presents three frameworks of general categorization schemes of firms’ approaches towards
natural environment or external demands developed in environmental management
literature and strategic literature.
Table 1 Conceptual Classification of Firms’ responses towards external pressure
Environmental Management Literature
CSR Literature
Strategy Management
Roome (1992) Hunt & Auster
(1990)
Wartick & Cochran
(1985)
Oliver (1991)
Noncompliance Beginner Reactive Acquiescence
Compliance Firefighter Defensive Compromise
Compliance plus Concerned citizen Accommodative Avoid
Commercial and
environmental
excellence
Pragmatist
Proactive
Defy
Leading edge Proactivist Manipulate
However, existing research has remained relatively silent regarding the diversity of
behavioral patterns (rather than performance) of regulated firms during the complying
process. More recently, Lynch-Wood and Williamson (2010) suggested that it is in urgent
need to further understand how regulated firms actually behave, and whether distinctive
compliance orientations were shaped under the synthetic effect from resource availability,
visibility and moral orientation. Given the fact that existing literature has mainly focused
on compliance performance and motivations rather than behavioral process, we do need a
deeper understanding of how regulated businesses differ in selecting complying
approaches.
A central argument of neoinstitutional theory is that “categorical rules conflict with
the logic of efficiency” during the isomorphism process (Meyer & Rowan, 1977). Firms
under environmental regulation have always been trapped in a dilemma that complying
5
activities satisfying regulatory rules are pure costs from the point of view of efficiency. For
instance, an introduction of latest environmental practice brings an environmental-friendly
reputation in the global market. Nevertheless, the short-term profit or improved
productivity might be hampered. In addition, how these difficulties were dealt with by
regulatees has received little research attention. In this study, we want to address this issue
by studying how firms’ perceived regulatory certainty and non-market capabilities may
determine the adoption of certain CCS in order to alleviate this conflict.
Regulatory Certainty Corporate compliance can be treated as a decision problem constrained by
regulatory uncertainties. Khanna (1997) noted that “...not only does the state intervene
extensively in business operations, but companies also have a hard time predicting the
actions of regulatory bodies”. Indeed, most decision problems are not deterministic but
involve decision making under uncertainty or complexity (Williamson, 1975). Regulatory
uncertainty has been commonly considered when assessing the regulations’ benefits and
cost (Jaffe & Stavins, 2007). From economists’ perspective, regulatory uncertainty affect
corporate compliance effort ranging from minimal compliance that saves room for future
regulatory trimming (Baumol & Oates, 1988), to over-compliance in anticipation of tighter
future regulations (Arora & Cason, 1995) or in fear of unintentional noncompliance (Heyes,
1998). Management scholars, who treat environmental uncertainty as a fundamental
challenge to business decisions, have investigated its effects on organizations for many
years (Lawrence & Lorsch, 1967; Miles & Snow, 1978; Miller, 1993; Milliken, 1987). A
few empirical studies have examined the relationship between regulatory uncertainty and
organizational actions (Cook et al., 1983; Hoffmann & Trautmann, 2006; Hoffmann,
Trautmann & Hamprecht, 2009; Koski & May, 2006). Previous studies suggest that
environmental uncertainty is a significant factor that affects organizations’ conformity or
resistance to institutional demands and expectations (DeHart-Davis & Bozeman, 2001;
Oliver, 1991). However, existing studies of organizational perceptions of uncertainty are
usually conducted in the context of specific act, and they focus primarily on the
relationship between organizational perceptions and regulatory effectiveness. For instance,
6
among the very few studies about the antecedents of complying styles, Edelman and
Petterson (1991) investigated how ambiguity of EEO/ AA law affects affirmative action
officers’ working style in employment issues. On the other hand, most of the prior
researches mainly studied newly promulgated regulation or those possible in the future,
such as greenhouse gas issues. Some research attention had turned to investigate whether
and how uncertainty of environmental regulations of CO2 emission will influence business
strategies on investment (Patino – Echeverri et al., 2008). Nevertheless, we still know little
about whether and how regulatory uncertainty influences corporate compliance behavior,,
and thus this issue deserves continuing attention (Scheytt et al., 2006).
A low level of regulatory certainty may stem from several aspects. Firstly,
regulatory information it not effectively transmitted to regulated firms (Koski & May 2006;
Lee, 2011), and thus even the existing regulation and its enforcement might be perceived as
unclear by regulatees. Furthermore, regulation sometimes is ambiguous or complex, and it
is difficult for firms to determine which regulation they are subject to (DeHart-Davis &
Bozeman, 2001) and whether they understand it in a right way. Secondly, regulations
changes overtime, which also leads to regulatory uncertainty (Cook et al., 1983; Hoffmann
et al., 2008). Lastly, the lack of coordination among different regulatory agencies (Cook et
al., 1983) as well as contradictory regulatory system itself may create uncertainty.
In this study, we define regulatory certainty as business decision makers’
perception of explicitness of formal regulations, policies and its enforcement. Following
Hoffmann and others’ classification of regulatory uncertainty (2008), in our study
organizations’ perception of regulatory certainty includes basic directions, implementation
process and interdependence. Since firms’ decisions are driven by their perception rather
than reality (Ashill & Jobber, 2010; Hambrick et al., 2005; Hoffmann et al., 2009), we
focus on the perceptual aspect of regulatory certainty in our discussion.
Nonmarket Capabilities Corporate compliance can be also studied through the natural-resource-based view
(NRBV) of firm (Hart, 1995; Wernerfelt, 1984). The fundamental principle of the NRBV
perspective is that the basis for competitive advantages lies primarily in the application of a
7
bundle of valuable resources and capabilities (Barney, 1991; Sharma & Vredenburg, 1998).
In other words, the resource-based view addresses the fit between what a firm is capable of
and what it has the opportunity to do (Russo & Fouts, 1997). Resources can be generally
grouped into three types, namely tangible, intangible and personnel-based (Grant, 1991).
Regarding regulatory compliance, tangible resources include financial reserves and
physical resources such as pollution control equipments. Intangible resources, or termed as
“non-market capabilities” (Dean & Brown, 1995; Hillman & Hitt, 1999) in organizational
strategy literature, include tacit and non-tacit knowledge and skills that enable firms to
manage the public policy process and achieve favorable policy outcomes (Bonardi,
Holburn, & Vanden Bergh, 2006).
Building on resource-based perspectives, prior studies on corporate political
strategies suggest that nonmarket capabilities are unevenly distributed among firms and
that firms with such nonmarket capabilities should be more effective in influencing public
policies (Baron, 2003; Bonardi, Holburn, & Vanden Bergh, 2006; Hansen & Mitchell,
2000; Hillman et al., 2004; Keim & Baysinger, 1988). Furthermore, organizational
capability in terms of political acumen to influence public policies (Russo & Fouts, 1997)
is inimitable and valuable to neutralize, promote, or otherwise manage external
constituencies. Hence, we posit that the non-market capabilities a firm possesses may
influence its approaches to secure regulatory legitimacy.
Non-market capabilities in terms of relationship with politics and bureaucrats can
both work for and against compliance. On the one hand, firms with high level of
capabilities will be in a good position to gain political attention, and sufficient regulatory
information channels could greatly reduce the information searching cost during
compliance process. For instance, Wang et al. (2003) found that in China firms from the
private sector appear to have less bargaining power than state-owned enterprises with local
environmental authorities pertaining to the enforcement (collection) of pollution charges.
Hence companies with a high level of these resources are supposed to enjoy a higher level
of discrepancy in choosing the specific complying approach. On the other hand, a close
8
relationship or dependence on government and agencies also suggest that organizations
might need to satisfy additional political need during the process of compliance.
An Integrative View In recent corporate environmental studies, some combinative views have emerged
(Bansal, 2005; Child & Tsai, 2005; Delmas & Montes-Sancho, 2010; Etzion, 2007). For
instance, Bansal (2005) found that institutional and resource-based factors contribute
differently in different stage of corporate sustainable development. Delmas and
Montes-Sancho (2010) complemented the corporate political strategy literature with
institutional theory to analyze the determinants of participation in voluntary programs. The
investigation of corporate compliance may also be addressed within a framework that takes
account both regulatory perspectives and corporate strategy viewpoints. However, the
integrative influence of the above two on corporate compliance has not received sufficient
research attention. Among the very few studies, Aragón-Correa and Sharma (2003)
suggest that environmental uncertainty moderates the relationship between the
organizational resources/capabilities and proactive environmental strategies. Rugman and
Verbeke (1998) developed a resource-based perspective on the impact of environmental
regulation on firms. They further categorized the impact of regulation on firms into
“conflicting” and ”complementary”, and managerial response into “static” and “dynamic”.
Nevertheless, this work only studies the corporate strategy implications of formal
environmental regulation instead of various informal ones.
An integrative framework that embraces the above two literature may be necessary.
Researchers such as Oliver (1991) and Hoffman (2001) suggest that corporate behavior is
often shaped by the strategic interplay between internal and external constraints. On the
one hand, environmental state uncertainty is found to widen the gap between
resource-based action and action in response to institutional pressure (George et al., 2006).
On the other hand, RBV theorists stress the organizational necessity of adapting to
environmental uncertainty as well as managing resource flows (Pfeffer & Salanick, 1978).
This research hence highlights the necessity to investigate not only the relative importance
9
of organizational and public policy forces, but also how the forces reinforce each other, and
the processes by which they effect change.
Based on the review of existing literature, we argue that corporate compliance is
constrained by two major factors. First, corporate compliance behavior is influenced by
perceptions of external regulatory environment. Upon several features of external
environment, perceived regulatory certainty might be the most important element that
shapes compliance patterns while others such as regulatory severity may have more to do
with compliance outcomes. Second, firms’ complying decisions are based on their
resource availability. There is no doubt that different environmental resource endowment,
in particular the so called non-market capabilities could facilitate or inhibit certain
compliance decision-making. Other internal factors, such as top management attitude and
commitment, are more likely to influence ultimate performance rather than the working
style formed during the complying process. We will further analyze the impacts of the
levels of regulatory certainty (RC) and non-market capabilities (NC) on CCS. To make it
simple, we assume that there are two levels for each dimension: low and high.
• Low RC
Literature on corporate environmental decision-making facing uncertainty falls
into two categories. Some researchers argue that decision makers facing a high level of
uncertainty apply a wait-and-see strategy and delay investments until they have better
planning reliability (Marcus, 1981; Yang, 2005). This stream of literature is contrasted by
an increasing number of studies (Arag´on-Correa & Sharma, 2003; Doh & Pearce, 2004;
Hoffmann, Trautmann & Hamprecht, 2009), arguing that decision makers do not
necessarily postpone investment decisions in the light of uncertainty and can even benefit
from investments if they gain a first-mover advantage.
When the regulatory certainty level is low, adapting to new situations becomes
increasingly difficult and costly. Organizations would found it difficult to make decisions
and hence may wait and see until there are explicit models or signals to follow. According
to institutional theory, firms are likely to mimic others’ behavior under this circumstance
10
(DiMaggio & Powell, 1983). Milliken (1987) further indicates that an imitating behavior is
likely to take place when response uncertainty is perceived by decision-makers. Our
proposition hence is consistent with this argument that a referencing style is likely to form
when perceived RC is low. When a firm has low level of nonmarket capabilities, a better
approach is to refer to the behavior of peer companies. Firms with fewer resources are
more likely to adopt a referencing compliance style, due to fewer channels to available
options. However, if firms possess sufficient nonmarket capabilities to comply, they are
more likely to respond to the demand of external identities such as politicians and
bureaucrats. Accommodation compliance style can be similar to the modes of strategic
thinking of “muddling through” (Lindblom, 1959) or “garbage can model” (Cohen et al.,
1972), as the emergence of demanding identities is non-normal and may vary among areas
and industries. Through this differentiation it is expected to make a distinction between a
passive imitation approach and an adaptable way in response to environmental regulation.
• High RC
For firms with limited nonmarket capabilities, an optimal solution to gain
regulatory legitimacy is to rigorously follow what the regulation on book explicitly
requires. Nevertheless, if firms are equipped with a high level of resources/ capabilities to
deal with environmental issues, they have greater freedom. Thus, they could be either more
innovative in complying with regulations or more likely to utilize their resources to evade
regulation. In this way firms are capable of shifting among different approaches to gain
legitimacy at their freedom while avoiding unnecessary cost from certain environment.
• Low NC
In certain regulatory environment, firms with limited resources only need to follow
formal regulatory rules and treat them as complying benchmarks. Using traditional
procedures and routines to control uncertainty and ambiguity has been has been perceived
as an institutional response to risk (Bozeman, Reed, & Scott, 1992). When perceived
regulatory certainty is low, firms will follow peer practices to reduce transaction cost in
compliance. An information cascade is likely to occur if less informed companies choose
11
to follow others’ behavior because they think the others are more knowledgeable
(Bikhchandani, Hirshleifer, & Welch, 1992).
• High NC
For firms with sufficient resources, they might be actively engaged in satisfying
closely related external identities’ demand (or labeled as formal regulation) on
environmental protection if perceived regulatory certainty is low. Nevertheless, they may
have more discretion in making complying decisions if perceived regulatory certainty is
high. Otherwise it might be safer to respond to explicit environmental demands from the
external environment. Both compliance styles portray a flexible approach towards
regulation. The difference is that the former one stresses an “always free” style while the
latter emphasizes a “firefighter” compliance style that deals with emergent demands from
time to time. Some studies of Chinese managers suggest that they share a common concern
for security and are likely to avoid proactive and risk-taking decisions when faced with
uncertain environments (Adler et al., 1992; Tan & Litschert, 1994). Previous studies on
deregulation found that increased complexity and dynamism will result in companies’
selection of shorter-term and less risky strategies (Birnbaum, 1984).
CCS: Definitions and Scenarios In the regulation literature, regulators’ features have been widely studied in terms
of regulatory policy making and enforcement style (Kagan, 2001; Kagan & Axelrad, 2000;
Kelman, 1981; Lo & Fryxell, 2003; May, 2004; McAllister, 2010; Melnick, 1983). The
regulatory enforcement literature, for instance, contains a wide variety of works to
examine whether and how distinctive enforcement styles of regulators influence regulatory
effectiveness (Bardach & Kagan, 2002; Lo & Fryxell, 2005; McAllister, 2010; Van Rooij,
2010). Regarding the response to enforcement, regulated businesses are also likely to form
different styles or approaches during the compliance process. One of the pioneering works
that conceptualize the nature of organizational responses to regulation is Cook and others’
theory building paper in 1986, integrating adaptation and mutual selection perspectives
12
(Cook et al., 1983). A hierarchical ordering of organizational responses at institutional,
managerial and technical levels is classified in this study. Nevertheless, there are very
limited researches on whether regulatees differ in their behavioral patterns in complying
with environmental regulations. Through an operationalization of firms’ compliance styles
toward environmental regulation, this study tries to explore how this concept can be
adapted to be more analytically useful in understanding the process of corporate
compliance.
Corporate Compliance Style Defined Firms in a wide range of sectors are regulated by government agencies that
establish, monitor, and enforce administrative rules on an array of policy dimensions
(Buchholz, 1990). Compliance is a process through which regulated actor abides by law. It
is also something normative that there should be compliance, and the goal of relevant laws
and enforcement is to ensure regulated actors should be aware of and take steps to comply
with laws and regulations. With managerial attention being focused on seeking the best
possible solution, only the complying approach that is in line with organizational situation
will be selected (Etzion, 2007; Oliver, 1991). Moreover, regulated firms establish codified
or uncodified practices that reflect prior managerial approaches to comply (Boddewyn &
Brewer, 1994). Hence in this study we define CCS as the general approach that regulated
actors form during the complying process.
The proposed four categories of CCSs below are supposed to capture most of the
typical compliance patterns that have been identified in the existing literature
(Aragón-Correa & Sharma, 2003; Christmann, 2004; Hansen & Mitchell, 2000; Henriques
& Sadorsky, 1999; Oliver, 1991). With the essential goal of being legitimate in an
economic way, companies differ in their styles (approaches) in dealing with environmental
regulation, ranging from simply following rules on book, to being independent and
discretionary in making environmental decisions. This categorization assumes that firms
need to maximize its profit while seeking legitimacy through regulatory compliance. Table
2 provides a summary of the main characteristics and corresponding cases of the
13
conceptualized four CCSs, namely formalism, accommodation, referencing, and
self-determinism. Details of each scenario will be discussed in the following section.
Four Scenarios of CCS: A 2×2 Model Previous research normally perceive organizations’ willingness and capability as
the conditions of either compliance (May, 2005) or resistance (Olive, 1991). In other words,
organizations need to balance with conflicting external constituents, as well as
inconsistencies between institutional expectations and internal organizational efficiency.
For instance, Oliver (1991) identified five institutional factors that determine the choice of
corporate strategy towards institutional requirements, including cause, constituents,
content, control, and context. Nevertheless, very limited attention has been paid to the
interactions of these factors. In this study, we posit that the interwoven condition of
perceived regulatory certainty and internal capacity determine the specific CCS that an
organization can adopt. More specifically, we develop a four scenario model of CCS based
on the considerations of firms’ perceived regulatory certainty and nonmarket capabilities
possessed (see Figure 1). In each scenario we suppose that the corresponding CCS is in an
organization’s best interest under specific conditions.
14
Table 2 Four scenarios of corporate compliance style in environmental
regulation
Figure 1: An Integrative Model of CCSs
Formalism Accommodation Referencing Self-determinism
Features
Rule compliance: adhering to rigid on-book formal rules and procedures and use them as sole compliance benchmark.
Political compliance: actively respond to and deal with concrete demands of political and bureaucratic powers.
Learning compliance: either conscious or unconscious imitation of others’ complying behaviors.
Discretionary compliance: an organic and independent either satisfy or evade regulations
Y
XNonmarket Capabilities (NC)
Regulatory Certainty
(RC)
Formalism
(I)
Self‐determinism
(II)
Reference
(III)
Accommodation
(IV)
15
Scenario I———Formalism: NCLRCH
In this scenario, a company perceives a high level of regulatory certainty and a
low level of nonmarket capabilities. Under this circumstance, regulated companies
simply follow what the regulation asks, but they are less likely to be innovative or to
integrate informal regulatory requirements as investments for the latter is not
affordable. For instance, Paulsson and von Malmborg (2004) report that in the case of
the European Emission Trading Scheme, “ambiguous government policies are
claimed to prevent the companies from making long-term strategies on climate
change mitigation”. For firms without access to other information sources, existing
laws and regulations offers clear benchmarks for legitimacy seeking, and hence a safe
choice to stay at least in minimum compliance with limited investment.
We argue that a rigid compliance style named “formalism” is likely to be
shaped under this condition. Formalism refers to a “go by the numbers” approach that
adheres to rigid formal rules and procedures, and firms use them as sole compliance
benchmarks, which is the simplest compliance approach, in particular under
command-and-control environmental policies. For instance, a formalistic complying
firm simply equips pollution abatement devices to assure its COD discharge is below,
or for most of the time close to the standard. Overall, firms in a formalistic
compliance style will set their goals strictly based on the explicit regulatory language
without other considerations. Furthermore, their environmental strategy is most likely
to focus on how to better satisfy regulatory standards in a cost-efficient way.
Scenario II ———– Selfdeterminism: NCHRCH
Sirmon et al. (2007) argued that environmental uncertainty in terms of
dynamism will affect firms’ resource management in a series of ways, such as
bundling resources to build capabilities and leveraging capabilities to provide value to
customers. When perceived regulatory certainty is high, firms with high level of
nonmarket capabilities are likely to choose either innovative approaches or evasion
by utilizing its resources. Because clearly defined regulation and policies as well as
their enforcement provide very clear boundaries for the regulated companies, firms
16
under this circumstance are more flexible to optimize their resources than their
lack-of-resources counterparts to meet regulatory standards.
We posit that a discretionary compliance style named “self-determinism” is
likely to be formed under the above condition. Self-determinism refers to the use of
more organic approaches to comply with or evade from environmental regulation.
Prior research has stressed the importance of organizational discretion and
decision-making autonomy in organization-environment relations (Cook, 1977;
Oliver, 1991). For instance, MNCs were found to adapt their subsidiaries’
environmental conducts to local conditions (Vernon, 1998). Both greater complying
efforts such as environmental innovations and evasion of regulations such as Walley
and Whitehead (1994)’s view that firms reject environmental pressures may coexist
under this circumstance.
In contrast to the other three styles, organizations under this category are more
active in promoting their own interest. On the one hand, companies under this
category might adopt modern procedures that affiliated by current technology but less
employed by competitors inside the industry. For example, joining ISO14001 has
been demonstrated as a business favorable environmental approach for firms to
pollute less and better comply with governmental regulations (Prakash & Potoski,
2006). On the other hand, previous studies have shown that some organizations do
transfer their businesses to loosely regulated countries to avoid complying cost
(Eskeland, 2003), or lobby and influence legislation for favorable public policy
decisions (Hansen & Mitchell, 2000; Schuler et al., 2002). The “escape” tactic that
Oliver (1991) proposed could be classified as one type of this style, that organization
reduces the extent of being inspected and scrutinized.
Several other patterns of self-deterministic CCS could be identified in existing
literature. Industrial self-regulation as a private decentralized institution (Barnett &
King, 2008; Prakash & Potoski, 2006) could be regarded as an extensive form of
self-determinism at industrial level. Prior studies suggest that companies construct
systems of private regulation in response to incentives, risks, and uncertainties in the
17
market (King, Lenox, & Barnett, 2002) as well as dealing with negative spill-over
effect inside the industry (Barnett & King, 2008). In international business studies,
MNCs are also found to behave differently from ordinary companies when under
multinational regulations. For example, Christmann’s survey results show that
instead of exploit cross-country differences in environmental regulations,
multinational enterprises standardize different environmental policy dimensions in
response to pressure from different external stakeholders (2004).
Scenario III—— Referencing: NCLRCL
From the transaction cost view, uncertainty and information impactedness
lead to transaction cost (Williamson, 1975). During the complying process, for
instance, due to “physical asset specificity”, transaction cost can be incurred if
regulatees install certain pollution equipments while regulators required updated
technologies in a short period. Consequently, firms with low level of nonmarket
capabilities cannot afford the transaction cost if they have a low level of regulatory
certainty. One way to reduce the transaction cost is to imitate what others are
responding to regulations.
As proposed by institutional theory (DiMaggio & Powell, 1991), mimicry
behavior is likely to happen when external environment is uncertain. Meanwhile,
firms may be more inclined to imitate others for clues when there is a lack of
nonmarket capabilities to receive signals from political identities or satisfy those
demands, and a deliberate imitation is more likely to take place than unconscious
mimicry behavior in corporate compliance. This would allow firms that lack
resources to yield a viable solution towards environmental regulation while
minimizing search costs and costs of experimentation.
The referencing CCS we proposed hence refers to either conscious or
unconscious imitation of peer companies’ complying means. This may happen either
when a firm is trying to be consistent with the market or industrial trend in
environmental protection, or simply as a result of its inexperience with certain
pollution control issue. On the one hand, it can be mimicry of model organizations’
18
proactive behavior according to the institutional theory (DiMaggio & Powell, 1991;
Scott, 1995). On the other hand, organizations may also follow deficient norms in
their institutional environment.
This learning compliance style is defined as “referencing” in our framework.
The referencing approach may be a result of calculated judgments about whom to
follow and when to follow (King & Lenox, 2000; Kraatz, 1998). For instance, at the
early stage of an incentive-based environmental program initiated by the government,
some firms may wait and observe whether peer companies are engaged. By learning
from others’ experiences, firms can reduce the transaction cost in an uncertain
regulatory environment (Bonardi & Kem, 2005; Bonardi, Holburn, & Vanden Bergh,
2006). Nevertheless, sometimes firms are not rationally participating in
environmental actions but simply because others are doing that, and thus they were
following without rational justification (Abrahamson & Rosenkopf, 1993).
Regarding compliance, the former type might be more common in real world since
environmental investments normally need deliberate considerations.
Scenario IV——— Accommodation: NCHRCL
Organizations are more likely to buffer in public affairs when environmental
uncertainty level is high (Meznar & Nigh, 1995). When perceived regulatory
certainty is low, firms with close relationship with external institutions may probably
choose to reconcile the explicit demands of informal regulators. Previous studies
show that due to the inaccessible and complex regulation, firm-level compliance
agreements are negotiated by sources, the state, and EPA (Landy, Roberts, & Thomas,
1994). However, a high level of nonmarket capabilities allows firms to meet extra
needs of stakeholders such as political leaders, and it is a safe way to stay in
compliance when regulation is vague and uncertain. Prior research has suggested that
firms that have direct experiences with politicians and regulators can better
understand policy makers’ preference (Ring, Lenway, & Govekar, 1990). When
regulatory certainty is low, firms with high level of non-market capabilities are more
19
likely to actively respond to political or bureaucratic willingness, which is defined as
“accommodation” in our framework.
Firms under the category of accommodative compliance style try to balance
informal regulatory needs that are not stated in the legislation and regulation. For
instance, firms might perceive regulatory agencies, rather than legislators, as the
central point of contact for responding to the requirement of public policies (Holburn
& Vanden Bergh, 2004). Accommodative compliance style is to some extent similar
to the “compromise” strategic response proposed by Oliver (1991), which means that
regulated enterprises actively respond to important external stakeholders such as
politicians and bureaucrats.
A well-established argument in the literature is that regulatory behavior is
influenced by political leaders and constituencies (Scholz, 1991; Van Rooij, 2010;
WorldBank, 2000). Scholz (1991), for example, show how local enforcement efforts
by field officers of the US Occupational Health and Safety Administration (OSHA)
were affected by local partisan politics. If political power is able to influence the
legislation and enforcement process, there is no doubt it could also affect the
perception and hence the compliance approach of regulated business. In one of our
previous studies (Liu et al., 2011), for instance, we found that political intervention in
different forms help strengthen the effect of regulatory threats on corporate
compliance, by alleviating the conflict between organizational legitimacy and
efficiency. The political “bridging” in corporate public affairs activities, such as
adapting to changing political expectations as suggested by Meznar and Nigh (1995),
could be a good example of accommodative complying style.
DISCUSSION AND RESEARCH IMPLICATION In regulatory and organizational studies, researchers respectively recognize
the importance of external environment and internal factors in shaping firms’
compliance behavior. An integration of the two strands of theories may enhance our
understanding of corporate compliance. We argue that these interactions will actually
lead to the development of distinctive corporate environmental compliance styles,
20
namely formalism, accommodation, reference, and self-determinism. Therefore,
organizations with different levels of perceived regulatory certainty and non-market
capabilities have different compliance styles.
Edelman and Petterson (1991) concluded that compliance should be
understood as a process that evolves over time instead of as a discrete event. Evolving
organizational responses to regulations have been examined in recent literature of
international business study. For instance, MNCs are found to transit from adapting
environmental policies to local country conditions in 1970s and 1980s, to
implementing worldwide uniform environmental conducts since 1990s (Christmann,
2004; Dowell, Hart, & Yeung, 2000). In this study, CCS is formed during the process
of dealing with regulatory demand, and the compliance process is not over-night. In
other words, one should not expect a sudden shift from one scenario of CCS to
another, and an evolutionary perspective towards CCS should also be considered.
Figure 2 presents how possible shifts between different scenarios may take place.
Figure 2: Overtime changes of CCSs
Y
XNonmarket Capabilities (NC)
Regulatory Certainty
(RC)
Formalism
(I)
Self‐determinism
(II)
Referencing
(III)
Accommodation
(IV)
21
On the one hand, over-time changes could be attributed to shifting regulatory
context. This is to some extent consistent with Hoffman’s 4-stage institutional history
of chemical industry environmentalism from 1962 to 1993, evolving from the
“challenge to the existing institutional order” to “cognitive institution” (Hoffman,
1999). With the progress of industrialization and shifting social consciousness on
environmental protection, corporate compliance style towards environmental
regulation may change correspondingly. Several decades ago, the key focus of the
government and whole society is on economic development. For business, industrial
pollution control is mainly viewed as a total waste of money with no benefits. At this
stage, the general compliance approach (if firms choose to comply) would be
formalism-use the standardized tools and procedures to meet the regulatory
requirement. After a period of rapid urbanization with shifting political and social
consciousness on environmental protection, accommodative or mimicry compliance
style will emerge. For instance, the relocation of a paper company (even though it is
already in compliance) out of a downtown area in urban China is a good example in a
transition from formalism to accommodation in this stage.
On the other hand, transitions between different complying styles may come
from organizational changes. A referencing complying style, for instance, may not
always yield satisfactory outcome, and errors produced during this process will be
identified by decision makers over time. Thus, structural changes of the organization,
such as the privatization of state-owned enterprises, might divert part of the original
non-market capabilities from accommodating political demands to other issues.
Moreover, with the growing need of reducing industrial pollution, legislation and
policy will be further developed correspondingly.
It should also be noted that a single firm may have more than one CCS. Some
firms may be able to attain their goal through use of a single approach, but others may
need more. For instance, one firm might possess both formalism and accommodation
compliance style simultaneously due to the overlap between formal and informal
regulations. A combinative corporate political tactics has been demonstrated in prior
studies (Schuler, Rehbein & Cramer, 2002). Secondly, CCSs are different from
22
corporate environmental strategies in two ways. First, CCS specifically implies
regulated firms’ behavioral patterns under different institutional scenarios, while
corporate environmental strategies are supposed to be properly crafted to manage
environmental related issues. Second, CCS does not differentiate firms between
“proactive” and “lagging behind” types in environmental protection.
Besides our focus on CCS dynamics in this study, many theoretical and
empirical questions require further investigation. Firstly, empirical tests of the
theories advanced here will be an important step. Meta analysis of existing research,
in-depth case studies as well as longitudinal quantitative explorations could be
employed to examine the evolutionary perspective of CCS. Furthermore, some of the
most interesting questions extended for future research can be loosely grouped as
follows:
Generalization of CCS in Diversified Areas: This framework may also be
applicable in a wide array of regulatory domains, such as tax, workplace health and
safety, product quality problems etc. In fact, learning from other policy settings may
also facilitate different theoretical insights into this integrative model.
Cross-Cultural CCS: Rivera (2009) found an inverted U-shaped policy
process–business response relationship proposed for the U.S. context, and further
posited that this relationship could be moderated by variations in the level of
democracy, system of interest representation, regulatory approach, and national
income. Corporate compliance styles may vary a lot between different cultural
contexts. MNCs are also likely to behave remarkably differently in different countries.
For instance, in analyzing the green strategies of MNCs, Rugman and Verbeke (2000)
found that some enterprises have developed internationally transferable green
capabilities while others only have localized capabilities.
Timing of adopting certain CCS: firms can play a more active role in
adopting different CCSs at different stages of policy implementation. In this research,
we only provide a primary investigation of “when” is the appropriate timing for the
adoption of CCS by integrating regulatory certainty into the model. Future study may
23
explore the optimal CCS at different stages of policy design and implementation. On
the other hand, at different stages of business growth, organizations may employ
different CCSs towards regulation. For instance, a new entrant to the industry may
adopt formalistic CCS at the first beginning, before move to self-determinism that it is
capable of.
Conclusions In this research, we argue that firms need to maintain internally efficiency and
seek external legitimacy. A diversity of corporate compliance styles exists as a result
of different external and internal conditions. By developing a 2×2 conceptual model
that embraces interactions between perceived regulatory certainty and nonmarket
capabilities, we attempt to take a step forward to examine corporate compliance styles.
Our framework may make several contributions to the existing literature of regulatory
compliance and organizational studies. First, we present a comprehensive picture of
how diversified organizational behavioral patterns coexist in the complying process.
The four scenarios of corporate compliance style are not brand new since most of
these approaches have been studied separately in both regulatory and organizational
studies. A systematic framework to integrate them organically, nevertheless, is still in
absence as far as we know. The second contribution of this paper is that we provide a
better understanding of corporate compliance by utilizing a process perspective
instead of the traditional motivation or performance based viewpoints. A conceptual
framework for predicting the occurrence of alternative complying approaches has
been developed, and it suggests that elements from regulatory perspectives and the
resource-based view of the firm can be integrated into the framework to provide a
comprehensive view of corporate compliance process. Third, this study will shed
some light on future study on the dynamics of corporate regulatory compliance. As
we discussed in previous section, evolving organizational responses to regulations
deserve further attention in both regulatory and management research. The model
developed in this paper mainly present a static picture of organizational behavioral
patterns towards regulation. A longitudinal study may provide a comprehensive
24
investigation of evolutionary corporate compliance styles during a long period of time.
Future research could also conduct quantitative investigations about how interactions
between perceived regulatory certainty and non-market capabilities impact corporate
compliance.
The practical contributions of this research are twofold. On the one hand,
exploring the effect of both formal and informal regulation on corporate compliance
styles may help environmental policy makers to further understand what kind of
signals the current regulations and policy instruments are sending to polluting firms,
which may help improve the policy design in the future. For instance, Hanson et al.
(2008) found that uncertainty about industrial compliance is an important source of
uncertainty for regulators when choosing regulatory instruments. On the other hand, it
could also be helpful for regulated firms to make better compliance decisions under
both external and internal constraints.
25
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