Business Negotiations

A core leadership and management skill is the ability to negotiate effectively in a wide range of business contexts, including deal-making, employment discussions, corporate team building, labor/management talks, contracts, and handling disputes.

A Tale of Two Matching Rights

Filed in Business Negotiations

In March 2005, German powerhouse SAP agreed to buy Retek, a small company that offered information management software, for $8.50 a share. The deal included a matching right in which Retek committed to negotiate exclusively with SAP for five days if it received a “superior offer.” The matching right didn’t scare away Oracle, SAP’s archrival, … Read More 

A Cash-Out Transaction: Cox Communications

Filed in Business Negotiations

On August 2, 2004, Barbara Cox Anthony and Ann Cox Chambers, two sisters who together owned 73% of Cox Communications, announced that they wanted to cash out the minority shareholders of their company. Their initial offer was $32 per share, or a 14% premium to the preannouncement trading price of approximately $28 per share. … Read More 

Power Failure

Filed in Business Negotiations

In 1992 as part of efforts to privatize its energy sector, the Indian government chose energy-trading firm Enron, in conjunction with General Electric and the Bechtel Corporation, to build the world’s largest electricity-generating plant in Maharashtra, one of the poorest states in India. Possessing significant financial, intellectual, and reputational capital, Enron had to have been … Read More 

Keeping the Game Out of Court

Filed in Business Negotiations

Sometimes those on opposite sides of a bitter dispute can achieve great gains – if only they can spot the ways in which they are similar.

In 2001, the Metropolitan Intercollegiate Basketball Association (MIBA), an organization of five New York-area colleges best known for staging college basketball’s National Invitation Tournament, filed a lawsuit against the National … Read More 

Status Anxiety

Filed in Business Negotiations

Sometimes in negotiation we are forced to deal not only with the issues on the table but also with concerns about status.

One famous instance took place in the late 1980s, when Robert Campeau, head of the Campeau Corporation and then one of Fortune magazine’s “50 Most Fascinating Business People,” tried to acquire Federated Department tores, … Read More 

A Value-Creating Condition Thwarted

Filed in Business Negotiations

In late 1999, with its stock in free fall, NCS HealthCare, a provider of pharmacy services to long-term care facilities, began “exploring strategic alternatives” – code in the mergers and acquisitions world that NCS’s board wanted to put the company up for sale.

In 2001, Omnicare, a larger provider in the same general industry, offered to … Read More 

The Story of Goldman Sachs: Negotiating a Vision

Filed in Business Negotiations

In 1986, the investment bank Goldman Sachs was a $38 billion business owned by more than 100 active and retired partners.

While the partnership structure had insulated the company from the vicissitudes of the stock market and given the company a strong culture of teamwork, it had some significant disadvantages, particularly an unstable capital base and … Read More 

How to Negotiate When You’re Literally Far Apart

Filed in Business Negotiations

Imagine that you’re the CEO of a sports clothing manufacturer based in Chicago. You recently traveled to Amsterdam, the Netherlands, to meet with a distributor who has a rich and diverse network in the European sports market.

During the business trip, you both express enthusiasm about the possibility of a joint venture and agree to give … Read More 

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