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- Faculty Publications (176)
- 2019
- Working Paper
How Rupert Murdoch Outfoxed Larry Tisch: Ten Enduring Lessons from the Negotiations that Wrested the NFL from CBS
A remarkable 1993 negotiation rocked the world of American football with aftershocks that have directly shaped today’s entertainment and media landscapes and even our polarized politics. In December of that year, Rupert Murdoch’s fledgling Fox Network unexpectedly... View Details
Sebenius, James K. "How Rupert Murdoch Outfoxed Larry Tisch: Ten Enduring Lessons from the Negotiations that Wrested the NFL from CBS." Harvard Business School Working Paper, No. 19-098, March 2019.
- September 2018 (Revised January 2020)
- Case
Apple Pay and Mobile Payments in Australia (A)
By: Feng Zhu, Susan Athey and David Lane
In summer 2016, four of Australia’s top five banks petitioned regulators for permission to bargain collectively with Apple over the terms under which they would support its digital wallet, Apple Pay. They argued that doing so would force concessions from Apple that... View Details
Keywords: Payment Methods; Mobile Payment; Apple; Banks and Banking; Cooperation; Problems and Challenges; Policy; Digital Platforms; Banking Industry; Australia
Zhu, Feng, Susan Athey, and David Lane. "Apple Pay and Mobile Payments in Australia (A)." Harvard Business School Case 619-010, September 2018. (Revised January 2020.)
- 2018
- Book
Food Citizenship: Food System Advocates in an Era of Distrust
By: Ray A. Goldberg
The global food system is the largest segment of the world's economy. As agribusiness-studies pioneer Ray Goldberg suggests, it is also the largest health system on the planet. And it is changing fast. Its size and importance to human, environmental, and economic... View Details
Keywords: Food; System; Global Range; Health; Environmental Sustainability; Development Economics; Partners and Partnerships; Public Opinion; Agriculture and Agribusiness Industry; Food and Beverage Industry
Goldberg, Ray A. Food Citizenship: Food System Advocates in an Era of Distrust. New York: Oxford University Press, 2018.
- 2017
- Working Paper
Investment Timing with Costly Search for Financing
By: Samuel Antill
I develop a dynamic model of investment timing in which firms must first choose when to search for external financing. Search is costly and the arrival of investors is uncertain, leading to delay in financing and investment. Depending on parameters, my model can... View Details
Keywords: Real Options; Search And Bargaining; Time-varying Financial Conditions; Investment; Venture Capital; Mathematical Methods
Antill, Samuel. "Investment Timing with Costly Search for Financing." Working Paper, December 2017.
- Article
"Troll" Check? A Proposal for Administrative Review of Patent Litigation
By: Lauren Cohen, John Golden, Umit Gurun and Scott Duke Kominers
The patent system is commonly justified as a way to promote social welfare and, more specifically, technological progress. For years, however, there has been concern that patent litigation is undermining, rather than furthering, these goals. Particularly in the United... View Details
Cohen, Lauren, John Golden, Umit Gurun, and Scott Duke Kominers. "Troll" Check? A Proposal for Administrative Review of Patent Litigation. Boston University Law Review 97, no. 5 (October 2017): 1775–1841.
- Article
Howard Raiffa: The Art, Science, and Humanity of a Legendary Negotiation Analyst
Rightly known as the “father of negotiation analysis,” Howard Raiffa was my thesis advisor, colleague, and friend for over 30 years. The bulk of this article develops an account of his intellectual trajectory from game theory to statistical decision theory to decision... View Details
Keywords: Negotiation Analysis; Bargaining; Howard Raiffa; Negotiation; Personal Development and Career
Sebenius, James K. "Howard Raiffa: The Art, Science, and Humanity of a Legendary Negotiation Analyst." Negotiation Journal 33, no. 4 (October 2017): 283–307.
- 2020
- Working Paper
Sex Selection and the Indian Marriage Market
I consider the widespread phenomenon of sex ratios skewed by parental preference. Edlund (1999) proposes that if parents prefer sons and permit only women to marry up in social class, sexes will segregate by wealth in equilibrium. Using data on 30,000 Indian children,... View Details
Keywords: Sex Selection; Marriage Market; Bargaining Power; Gender; Information Technology; Household; Outcome or Result; India
Hussam, Reshmaan N. "Sex Selection and the Indian Marriage Market." Harvard Business School Working Paper, No. 18-029, September 2017. (Revised October 2020.)
- September 2017 (Revised April 2022)
- Supplement
Tempur Sealy International (A)
By: Benjamin C. Esty
This case explores the long-term relationship between Tempur Sealy (TPX, a mattress manufacturer) and Mattress Firm (MFRM, a bedding retailer and TPX's largest customer). For almost 20 years, the firms enjoyed a mutually beneficial and commercially prosperous... View Details
Keywords: Porter's 5 Forces; Bargaining Power; Buyer Power; Customer Power; Supplier Power; Negotiations; Value Capture; Private Equity; Consumer Durables; Consumer Discretionary; Mattresses; B-2-B; Industry Dynamics; Leadership; Compensation; Corporate Strategy; Business Strategy; Value Creation; Competition; Cooperation; Distribution; Negotiation; Industry Structures; Customers; Relationships; Distribution Industry; Manufacturing Industry; Retail Industry; Consumer Products Industry; United States; South Africa
- September 2017 (Revised April 2022)
- Case
Tempur Sealy International (A)
By: Benjamin C. Esty and Lauren G. Pickle
This case explores the long-term relationship between Tempur Sealy (TPX, a mattress manufacturer) and Mattress Firm (MFRM, a bedding retailer and TPX's largest customer). For almost 20 years, the firms enjoyed a mutually beneficial and commercially prosperous... View Details
Keywords: Porter's 5 Forces; Bargaining Power; Buyer Power; Customer Power; Supplier Power; Negotiations; Value Capture; Consumer Durables; Consumer Discretionary; Mattresses; B-2-B; Industry Dynamics; Compensation; Corporate Strategy; Business Strategy; Value Creation; Competition; Cooperation; Private Equity; Distribution; Negotiation; Industry Structures; Customers; Relationships; Leadership; Distribution Industry; Manufacturing Industry; Retail Industry; Consumer Products Industry; United States; South Africa
Esty, Benjamin C., and Lauren G. Pickle. "Tempur Sealy International (A)." Harvard Business School Case 718-422, September 2017. (Revised April 2022.)
- September 2017 (Revised June 2021)
- Supplement
Tempur Sealy International (B)
By: Benjamin C. Esty and Lauren G. Pickle
Analyzes the commercial relationship between Tempur Sealy and Mattress Firm following the events discussed in the (A) case. View Details
Keywords: Porter's 5 Forces; Bargaining Power; Buyer Power; Customer Power; Supplier Power; Negotiations; Value Capture; Consumer Durables; Consumer Discretionary; Mattresses; B-2-B; Industry Dynamics; Compensation; Corporate Strategy; Business Strategy; Value Creation; Competition; Cooperation; Private Equity; Distribution; Negotiation; Industry Structures; Customers; Relationships; Leadership; Distribution Industry; Manufacturing Industry
Esty, Benjamin C., and Lauren G. Pickle. "Tempur Sealy International (B)." Harvard Business School Supplement 718-423, September 2017. (Revised June 2021.)
- September 2017 (Revised June 2021)
- Supplement
Tempur Sealy International (C)
By: Benjamin C. Esty and Lauren G. Pickle
Analyzes the commercial relationship between Tempur Sealy and Mattress Firm following the events discussed in the (B) case. View Details
Keywords: Porter's 5 Forces; Bargaining Power; Buyer Power; Customer Power; Supplier Power; Negotiations; Value Capture; Consumer Durables; Consumer Discretionary; Mattresses; B-2-B; Industry Dynamics; Compensation; Corporate Strategy; Business Strategy; Value Creation; Competition; Cooperation; Private Equity; Distribution; Negotiation; Industry Structures; Leadership; Customers; Relationships; Distribution Industry; Manufacturing Industry; United States; South Africa
Esty, Benjamin C., and Lauren G. Pickle. "Tempur Sealy International (C)." Harvard Business School Supplement 718-424, September 2017. (Revised June 2021.)
- 2017
- Chapter
High Stakes Negotiation: Indian Gaming and Tribal/State Compacts
By: Gavin Clarkson and James K. Sebenius
Although Indian tribes and the surrounding states were often bitter enemies throughout much of the history of the United States, recently tribes and states have been able to work cooperatively in a number of areas. In some instances, Congress has mandated such... View Details
Keywords: Indian Gaming; Negotiation; Regulation; Tribal Sovereignty; Sovereign Finance; Negotiation Participants; Relationships; Cooperation; Connecticut
Clarkson, Gavin, and James K. Sebenius. "High Stakes Negotiation: Indian Gaming and Tribal/State Compacts." Chap. 8 in American Indian Business: Principles and Practices, edited by Deanna M. Kennedy, Charles Harrington, Amy Klemm Verbos, Daniel Stewart, Joseph Gladstone, and Gavin Clarkson, 130–161. Seattle: University of Washington Press, 2017.
- April 2017
- Article
BATNAs in Negotiation: Common Errors and Three Kinds of 'No'
The Best Alternative to a Negotiated Agreement (“BATNA”) concept in negotiation has proven to be immensely useful. In tandem with its value in practice, BATNA has become a wildly successful acronym (with more than 14 million Google results). But the initial... View Details
Sebenius, James K. "BATNAs in Negotiation: Common Errors and Three Kinds of 'No'." Negotiation Journal 33, no. 2 (April 2017): 89–99.
- February 2017 (Revised February 2022)
- Background Note
Creating and Sustaining Competitive Advantage
This note gives students a systematic and comprehensive framework for analyzing and developing competitive advantage. It pays explicit attention to both creating and sustaining advantage and considers both alignment and assets as sources of advantage. View Details
Keywords: Scope; Scale; Competitive Dynamics; Value Proposition; Bargaining Power; Competitive Advantage; Assets; Alignment; Business Strategy; Design
Van den Steen, Eric. "Creating and Sustaining Competitive Advantage." Harvard Business School Background Note 717-479, February 2017. (Revised February 2022.)
- January 2017 (Revised February 2022)
- Background Note
Assessing and Enhancing Market Attractiveness
This note gives students a systematic and comprehensive framework for analyzing and influencing market attractiveness. It pays explicit attention to value creation, complements, and the dynamics of market attractiveness. It also includes careful sub-frameworks for... View Details
Van den Steen, Eric. "Assessing and Enhancing Market Attractiveness." Harvard Business School Background Note 717-466, January 2017. (Revised February 2022.)
- 2017
- Working Paper
BATNAs in Negotiation: Common Errors and Three Kinds of 'No'
The best alternative to a negotiated agreement (“BATNA”) concept in negotiation has proven to be immensely useful. In tandem with its value in practice, BATNA has become a wildly successful acronym (with more than 14 million Google results). But the initial... View Details
Keywords: Negotiation; BATNA; Bargaining; Zone Of Possible Agreement; Reservation Price; Reservation Value; Agreements and Arrangements; Negotiation Tactics
Sebenius, James K. "BATNAs in Negotiation: Common Errors and Three Kinds of 'No'." Harvard Business School Working Paper, No. 17-055, December 2016. (Revised March 2017, a version of this article is forthcoming in the Negotiation Journal, April 2017.)
- 2016
- Working Paper
Henry Kissinger's Negotiation Campaign to End the Vietnam War
By: James K. Sebenius and Eugene B. Kogan
President Richard M. Nixon was elected in 1968 with the widespread expectation that he would bring about an end to the costly and unpopular war in Vietnam. The task largely fell to National Security Adviser Henry Kissinger. When the negotiations began, North Vietnam... View Details
Keywords: Kissinger; Negotiation; Negotiation Campaign; Bargaining; Diplomacy; Coercive Diplomacy; Multiparty Negotiations; Dispute Resolution; Mediation; Negotiation Process; War; Negotiation Types; International Relations; Negotiation Deal; Viet Nam; United States
Sebenius, James K., and Eugene B. Kogan. "Henry Kissinger's Negotiation Campaign to End the Vietnam War." Harvard Business School Working Paper, No. 17-053, December 2016.
- December 2016
- Article
Health Care Needs Real Competition
By: Leemore S. Dafny and Thomas H. Lee
The U.S. health care system is inefficient, unreliable, and crushingly expensive. There is no shortage of proposed solutions, but central to the best of them is the idea that health care needs more competition. In other sectors, competition improves quality and... View Details
Dafny, Leemore S., and Thomas H. Lee. "Health Care Needs Real Competition." Harvard Business Review 94, no. 12 (December 2016): 76–87.
- Article
Undermining Value-Based Purchasing — Lessons from the Pharmaceutical Industry
By: Leemore S. Dafny, Christopher Ody and Matt Schmitt
The analogy between value-based purchasing in pharmaceuticals and the new frontier of alternative payment models for health care providers is relatively straightforward. Insurers are increasingly demanding steep discounts from providers in exchange for inclusion in... View Details
Keywords: Drug Copayment Coupons; Prescription Drug Policy; Health Care and Treatment; Insurance; Cost; Policy; Pharmaceutical Industry
Dafny, Leemore S., Christopher Ody, and Matt Schmitt. "Undermining Value-Based Purchasing — Lessons from the Pharmaceutical Industry." New England Journal of Medicine 375, no. 21 (November 24, 2016): 2013–2015.
- Article
The Radical Flank Effect and Cross-occupational Collaboration for Technology Development during a Power Shift
By: Emily Truelove and Katherine C. Kellogg
This 12-month ethnographic study of an early entrant into the U.S. car-sharing industry demonstrates that when an organization shifts its focus from developing radical new technology to incrementally improving this technology, the shift may spark an internal power... View Details
Keywords: Groups and Teams; Conflict and Resolution; Power and Influence; Perception; Behavior; Collaborative Innovation and Invention
Truelove, Emily, and Katherine C. Kellogg. "The Radical Flank Effect and Cross-occupational Collaboration for Technology Development during a Power Shift." Administrative Science Quarterly 61, no. 4 (December 2016): 662–701.