Wal-Mart: The Big Gorilla – March 2010 Master Negotiator

Click here for printable version.

“Any business arrangement that is not profitable to the other person, will, in the end, prove unprofitable for you.”

-B. C. Forbes

In last month’s Master Negotiator, we advised against the tactic of walking away from a deal. Specifically, we referenced that win-win negotiation is about getting what you want, but also ensuring that the needs of your counterpart are met. Why is the success of your counterpart critical? Because, in real life negotiations, chances are good that you will negotiate more than once with the same counterpart: for example, with your boss, a coworker, family member or friend. When either party walks away, whether they choose to or are forced to by an un-yielding counterpart, bridges are burned and ties are cut. Last month, we urged our readers to use the walk away strategy cautiously for this reason. According to recent news, even super giant Wal-Mart is not immune to the problems that arise from walking away in negotiations.

Please feel free to contact us with any negotiation questions or article ideas. We’ll do our best to address them in upcoming issues. (peter@peterstark.com)

Remember, almost everything in life is negotiable.

Peter B. Stark & Jane Flaherty


For years, manufacturers’ or distributors’ biggest reasons for celebration was landing the Wal-Mart account. But the story that is not told often is about the pressure that Wal-Mart puts upon its suppliers to bring “everyday low prices” to their customers. It is common knowledge that whatever price Wal-Mart sets for products from each of its 21,000 suppliers this year, the price will be lower next year. And, if the supplier doesn’t agree to the lower price, you can guarantee that Wal-Mart will threaten to remove all of that supplier’s products from their shelves. Wal-Mart tells the companies when they are no longer willing to buy their products that they are working on the art of SKU optimization, and your SKU’s are no longer being utilized.

There is some good news in these hardball negotiations. First, there is no doubt that customers have benefited from Wal-Mart’s drive to have suppliers squeeze their profits. Second, some have even said that Wal-Mart is partly responsible for helping the U.S. keep a lid on inflation. And third, if you are a supplier to Wal-Mart, they will force you to lower your price which will force you to become more efficient, leaner, faster and more productive.

So, how can Wal-Mart do this to both huge and small companies, even those who have products that are strong household names? It’s easy. Wal-Mart is the world’s biggest company. Wal-Mart is bigger than Exxon Mobil, General Electric and General Motors combined. It does more retail business than Target, Sears, Kmart, J.C. Penny, Safeway and Kroger combined (Fast Company). The challenge for suppliers becomes a negotiating decision similar to the ones that a crack addict has to make. If you move forward with the decision, it feels good (take the fix and make the sale) but it destroys your health (physically and profitably). You know the decision of lowering your price is going to increase your sales, but most likely erode your profits. Why do companies move forward with their decision and cave into Wal-Mart’s demands? Like the crack addict, it feels so good. And, the thought of telling anyone you just lost your biggest customer hurts so badly.

Thirty days ago, I was planning to write this article and tell you that Wal-Mart was one of the few companies who effectively used this walk-away strategy in negotiations. Wal-Mart requires companies to lower their prices and then dumps them if they refuse. This seemed to work for Wal-Mart at first, because it’s obvious they have a much better BATNA (Best Alternative to a Negotiated Agreement) than their suppliers. As long as you never have to work with your counterpart again, as I imagine Wal-Mart believed they would not, this is a highly effective strategy.

Some of their suppliers have even gone out of business or bankrupt when Wal-Mart utilized their walking away strategy (The Loveable Company and Vlasic Pickles). So why should Wal-Mart even care about their suppliers? Because as Wal-Mart has since experienced, very seldom are negotiations one-time affairs.

On March 8th, Bloomberg reported that Wal-Mart is bringing back some of the very products they had walked away from and removed from their shelves. Why is Wal-Mart bringing back products that they had literally given the middle finger to? Because consumers were demanding a wider selection from which to make their purchases. The retailer said last month that its U.S. stores recorded a drop in sales and had a “slight decrease” in customer traffic in the quarter that ended in January. Even harder for Wal-Mart to acknowledge was the fact that consumers were shopping at other stores to find the products that Wal-Mart used to supply. Even I left Wal-Mart and headed for my local supermarket to buy some Purina dog treats that Wal-Mart had pulled from the pet food section. Bloomberg reported that Wal-Mart has now begun re-stocking products they removed from the categories of health and beauty suppliers, cereal, pet treats, soda, bedding and laundry detergent.

I started this article with the premise: if you are big enough and have a better BATNA, you can walk away and win. I end this article by stating a premise we have written about for twenty years: almost always in on-going relationships, it is better to develop a win-win outcome where the needs and goals of both parties have been achieved. Hopefully in round two of these negotiations, Wal-Mart will obtain the products their consumers are demanding, and the suppliers can obtain a price from Wal-Mart that keeps them successfully profitable.

You Have the Power to Walk Away… But Should You? – February 2010 Master Negotiator

Click here for printable version.

“The most important trip you may take in life is meeting people half way.”

-Henry Boyle

Win-win negotiation is all about getting what you want, but also ensuring that the needs of your counterpart are met. Why is the success of your counterpart critical? Because, in real life negotiations, chances are good that you will negotiate more than once with the same counterpart: for example, with your boss, a coworker, family member or friend. When either party walks away, whether they chose to or are forced to by an un-yielding counterpart, bridges are burned and ties are cut. This is clearly not a good tactic when negotiating with individuals with whom you’re close to, but is it different for business?

Please feel free to contact us with any negotiation questions or article ideas. We’ll do our best to address them in upcoming issues. (peter@pbsconsulting.com)

Remember, almost everything in life is negotiable.

Peter B. Stark & Jane Flaherty


Let’s say that you and your spouse are having a serious discussion about an upcoming vacation destination. You want to hike the Grand Canyon, while your spouse argues that a cruise will provide you both with entertainment, great food and much needed relaxation. You are both arguing passionately about your choices for the vacation and have a strong need to achieve your outcome. At any point, you could use the tactic of threatening to walk away from the negotiation by saying, “Fine, if you won’t come with me to Arizona, I’ll go by myself.”

Recently, Google tried just the same tactic with China, saying that if China continued to censor Internet use, Google would pull out of China. Within minutes, it appeared that Google was reconsidering the threat to leave. Here are just a few facts that came to light after Google used the tactic of: “If you won’t play our game by our rules, we’re out of here:”

  1. Google’s threat to pull out of China drew little reaction among the country’s 384 million Internet users. The prevailing sentiment was that if Google left, there would be other choices. T. R. Harrington, CEO of Shanghai-based Darwin Marketing, said, “It’s like in the U.S. saying, ‘You can’t use Yahoo search anymore.’”

  2. China has its own search engine, named Baidu, which is used by 60% of China’s search engine market, and gives users access to 3.2 million registered Web sites.

  3. Goggle took a stand on China’s censorship of the Internet, but most Chinese users are currently in their 20s and are known for their love of consumerism and disdain for politics. Their favorite online activities are listening to music, chatting with friends and playing video games. As such, there was very little public outcry when Google threatened to depart.

From an outsider’s perspective, China’s official reaction seemed to be, “Fine. If you don’t like our laws, you don’t have to be here.” While we don’t have closure on the Google/China standoff, Google appears to have backed off on their threat to pull out of China, perhaps acknowledging the financial consequences of this decision. China, with nearly 400 million Internet users, is seen by many as one of the most important and fastest growing Internet advertising markets in the world.

Whether the threat to walk away from the negotiation occurs between big players, such as Google and China, or over a family disagreement, the outcome is almost always the same – there are winners and losers. And, the losers are typically reluctant to play the game again. In the case of Google vs. China, there is potential for both to become losers. If you use this tactic, it will most likely be your last negotiation with this counterpart. Walking away from a negotiation will work, but only if you have no intention of continuing the relationship. If you chose to put this tactic into play, make sure you’ve thought the consequences through completely. In the Grand Canyon example, you could just go to the Grand Canyon no matter what your spouse says, but it might be a lonely trip with a difficult homecoming.

  1. Negotiate using the “If… then” tactic. Compromise is difficult, because both sides are reluctant to back down from their original stance. The “If… then” tactic seeks a compromise based on mutual agreement. Meaning, if you could agree to a counterpart’s stance, would they concede a part of their stance and accept your proposal? For example, you might say to your spouse, “If I agree to do a cruise with you this year, would you then agree to come to the Grand Canyon with me next year?”

  2. Try “Sweetening the Deal.” This tactic is used extensively in business to make a deal work. When a buyer balks at a price or condition, the seller often says something like, “Of course, that comes with a full three year warranty at no extra cost, and we’ll even throw in the delivery for free.” The same approach could work well in negotiating your vacation. You might get your spouse to agree to your travel plans by adding, “If you came with me to the Grand Canyon, we’d stay three nights at the historic Yavapai Lodge on the South Rim of the canyon, and then how about we spend the next four days at that spa you like so much in Sedona?”

  3. Use a “Trade off Concession.” Effective negotiators aim to never concede a deal point without getting something in return. Using this tactic to negotiate your quest to get to the Grand Canyon, you might try this approach. “Honey, I know the cruise is important to you, and I like cruising also. But, we’ve only got so much money in the budget and not much time off. Rather than doing a week long cruise, would you consider the three day Mexican Riviera cruise departing from San Diego? If we did that, we’d still have time left for our visit to the Grand Canyon.”

In our book, “The Only Negotiating Guide You’ll Ever Need,” we refer to the tactic of walking away as, “These Boots are Made for Walking.” In any negotiation, you have the power to end the negotiation by leaving, or threatening to leave. Our recommendation: pick your strategy carefully, considering other options and the ultimate consequence or damage to the relationship if you exercise your ability to walk away from the negotiation. If the negotiation is a one-time only negotiation, or you hold all the power in the relationship, you may well benefit from taking a hike. However, if you exercise your options under situations where on-going relationships are important, we recommend that you use caution and pick your strategy carefully.

We invite you to join us next month, when we will present the flip side of using “These Boots are Made for Walking” and share with you how a mass merchandiser effectively uses this strategy to their advantage.