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antitrust

Opposing or intended to regulate business monopolies, such as trusts or cartels, especially in the interest of promoting competition.

The following items are tagged antitrust:

Contingency Contracts in Business Negotiations

Posted by & filed under Business Negotiations.

Question: Lately I have been hearing a lot—both in the news and on the job—about companies using contingencies in contracts. Given that I sometimes negotiate deals that entail a lot of risk regarding how future events will play out, I am interested to know how contingencies work and how I might use them. … Read More 

Corporate Negotiation Pitfalls: The Case of Facebook

Posted by & filed under Business Negotiations.

In corporate negotiation, negotiators often care most about getting the best price possible, assessing the other party’s ability to follow through, and closing the deal. Unfortunately, such business preoccupations can lead dealmakers to overlook potential ethical concerns, as current negotiations in the news often attest. Examining some of Facebook’s recent corporate negotiation mistakes, we describe … Read More 

Case Study of Business Negotiations and Deal Making: Giving Voice to Negotiators Away from the Bargaining Table

Posted by & filed under Dealmaking.

Sometimes negotiators focus too much on the bargaining session at hand, to the detriment of bargainers away from the negotiation table, a group whose concerns and input is just as valid as those of the negotiators themselves. Here are some negotiation tips to help make sure your bargaining strategies include the voices and concerns of … Read More 

Google’s Negotiations with Groupon: How Business Negotiators Can Maximize Value Claiming When Engaging in Integrative Negotiations

Posted by & filed under Win-Win Negotiations.

It seemed to be a match made in Internet heaven. In late 2010, Google made a $6 billion bid for Groupon, the Chicago­based company that e­mails daily coupon deals for local goods and services to consumers around the world. (If enough people sign up, the daily deal “tips,” meaning the coupons are issued; otherwise, the … Read More 

Effective Negotiation Strategies for Dealing with Competitors

Posted by & filed under Negotiation Skills.

In the business world, organizations take competition for granted, to the extent that they often overlook opportunities to meet their goals by working with one another. But the benefits of negotiation in business can extend to our dealings with competitors. Recent high-profile negotiations highlight three effective negotiation strategies competitors can use to cooperate and compete. … Read More 

A Contingent Agreement Can Allow Negotiators to Agree to Disagree

Posted by & filed under Negotiation Skills.

Negotiators often try to overcome their differences of opinion about how future events will unfold through persuasion techniques. A more fruitful approach might be to “bet” on your differing views with a contingent agreement. By adding incentives or penalties based on future performance to your contract, you protect both parties against risk. … Read More 

When agreements fall apart

Posted by & filed under Negotiation Skills.

In early June, the New York Times reported that since at least 2010, Facebook has negotiated more than 60 data-sharing partnerships with hardware manufacturers such as Apple and Samsung, as well as four Chinese companies. One of the deals gave access to data on Facebook users to Huawei, a Chinese telecommunications company that U.S. intelligence … Read More 

Create value by collaborating with competitors

Posted by & filed under Dealmaking.

In the business world, organizations take competition for granted. Companies and their employees work so hard to outperform and outsell their direct competitors that they often overlook opportunities to meet their goals by working with one another. But recent high-profile negotiations highlight ways in which competitors might be able to benefit from innovative partnerships that allow … Read More 

Beyond slingshots: Better tools for negotiating with Goliaths

Posted by & filed under Crisis Negotiations.

When Alexandra Elbakyan was growing up in Kazakhstan, books, music, and movies were expensive. To access them, she learned how to pirate intellectual property and eventually came to believe that it should be available to all. After enrolling in graduate school in Russia, Elbakyan began pirating journal articles for herself and other researchers who couldn’t afford … Read More 

Negotiation in the News: Before building a coalition, consider the consequences

Posted by & filed under Leadership Skills.

This past July, the News Media Alliance (NMA), a trade association of approximately 2,000 U.S. and Canadian news organizations, announced that it was planning to ask Congress for a limited antitrust exemption to allow its members to negotiate collectively with Google and Facebook regarding digital advertising. With consumers increasingly accessing their news through web platforms, … Read More 

Top 10 Best Negotiations of 2014: Negotiation Case Studies Drawn from Negotiation Examples in Real Life

Posted by & filed under Negotiation Skills.

Rather than unparalleled triumphs and victories, many of the 10 Best Negotiations of 2014 share a common theme of “making the best of a bad situation.” From climate change to Congress to Cuba, negotiators often found themselves trying to claw their way out of the darkness and into the light. Here are 10 negotiations that … Read More 

When a private dispute goes public

Posted by & filed under Dispute Resolution.

This past June, a long-standing family feud erupted in public when Arthur S. Demoulas, an owner of the New England low-price grocery chain Market Basket, fired his cousin Arthur T. Demoulas, also an owner, from his position as the company’s CEO. Many of the company’s 25,000 employees, who had received good wages, bonuses, and profit … Read More 

How to avoid a bidding war

Posted by & filed under Business Negotiations.

In the National Basketball Association (NBA), signing an endorsement deal with footwear giant Nike has become a rite of passage for newly anointed superstars. Save for a few notable deals by Adidas, Nike has dominated the practice of paying top talent millions for the right to sell lines of collectible shoes in their names. This past … Read More 

Top Ten Business Deals of 2013: American Airlines – U.S Airways

Posted by & filed under Dealmaking.

On November 29, 2011, the same day American Airlines filed for bankruptcy, US Airways CEO Doug Parker called American head Tom Horton to discuss a possible merger. Horton rebuffed Parker, saying airline needed to spend time reorganizing and renegotiating its labor contracts before focusing on a deal, the Wall Street Journal reports. … Read More 

Lessons from the new wave of high-stakes deals

Posted by & filed under Business Negotiations.

The $23 billion acquisition of H.J. Heinz. Michael Dell’s planned $24 billion buyout of his namesake computer company. The $11 billion merger of American Airlines and US Airways. Office Depot’s $976 million, all-stock acquisition of OfficeMax. These high-flying deals were announced one after the other this past February. The mad rush to consolidate and partner signaled … Read More 

Keeping the Game Out of Court

Posted by & filed under 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 

Accounting for Outsiders in Your Negotiations

Posted by & filed under Negotiation Skills.

If you’re in the middle of talks that seem to be going well, here’s a warning: consider the impact of the agreement on those who aren’t at the table, or suffer the consequences. That’s a lesson that Apple and some of the largest U.S. book publishers are currently learning the hard way. On April 12, the … Read More 

Family Matters

Posted by & filed under Dispute Resolution.

Adapted from “All in the Family: Managing Business Disputes with Relatives,” by Frank E. A. Sander (professor, Harvard Law School) and Robert C. Bordone (professor, Harvard Law School), first published in the Negotiation newsletter. What happens when family members go into business together? In a few lucky cases, harmony and success follow without effort. More often, … Read More