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Article Analysis

989 words - 4 pages

The article chosen in this case is the negotiation between the Global nanotechnology company pSivida Limited who undertook due diligence to acquire Control Delivery Systems (CDS) a US based specialized drug delivery company through the issue of its American Depository Receipts ("ADR's") to the company's shareholders (Business Wire, 2005).The potential acquisition's shareholders could own up to 40% or more of pSivida's stock following an acquisition. The acquisition had presented the opportunity to create a global drug delivery company specializing in nanotechnology, with the current revenues from all existing products and generating a long-term value through its diversified product portfolio. The negotiation was successful. An acquisition was subject to completion of due diligence, the finalization of fundamental terms, including the ultimate price and the approval of shareholders of both companies. Within the negotiation process, the due diligence was satisfactorily completed and a conditional agreement was reached (Business Wire, 2005).In this case, the article did not provide the specifics of the negotiation process, but certainly a key part of the negotiation preparation process was to focus of understanding the counterparties needs, interests and objectives. In result will assist the business identifying the negotiation strategy that the other company is pursuing. If the counterparty is avoiding the negotiation, then the other business organization cannot be viewed as a contributor of competitive advantage. The business challenge in this case would be to reconsider the way the products and services are packaged. The key should be to add to the achievement of the strategic business objectives of its counterparty by identifying the components of the businesses offering that matches their strategic needs (Business Wire, 2005).In addition, part of negotiation preparation work for pSivida to acquire the US based company, Control Delivery Systems (CDS), was to meet the criteria stated by pSivida in order to disclose the strategy of the acquisition in the US. The criteria that CDX had to meet were as follows:•Private US Company.•Products in discrete area of drug delivery.•Current revenues from products marketed by a well regarded marketing partner.•Product pipeline (including late stage products, phase 3).•Debt free.•Drug delivery products with the potential of being married with BioSilicon (TM) for second generation products.•FDA certified facilities.•Experienced staff and management with complementary skills to pSivida's staff.•Located in a recognized biotech hub in the USA, close to Pharma and capital markets.•Capable of becoming the headquarters for pSivida (Business Wire, 2005).There are implications of globalization on negotiations, such as the numerous "macro factors" that influence businesses internationally when negotiating, such as the politics and economic climate of the region involved....

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