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Asian Business Assignment Antwerp Management School
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Prof. Dr. Haiyan Zhang MGM-‐1: Asian Business 24 January 2011 FRANCINE CARRON HISTORICAL BACKGROUND OF IJV: Danone was already present in Asia and wanted to further expand its businesses in the Chinese market. Around this same time, Wahaha was looking for extra capital to expand its business. Danone offered a cash injection of $450 million to partner with Wahaha through establishing an IJV. Wahaha was led by Mr. Zong, who hoped that Danone would bring great technical support, and fulfill his ambitions for severe growth. However, after almost 12 years conflicts of interests of ownership issues arise, and the cultural impacts of the managerial styles of both companies is causing the demise of the IJV. The major stake holders in the conflicts are the Wahaha’s top management group including Zong Qinghou, Danone’s top management group, Wahahha’s IJV senior managers, Danone’s IJV senior managers, the Chinese Government -‐ as owner of a State Owned Enterprise, Chinese Labor Unions and Workers, Stockholders of Danone, Zong’s wife and daughter who controlled competing IJV’s and other Chines partners in IJV’s with Danone. CONFLICTS & ARGUMENTS: Conflict A: Intellectual property protection Both partners disagreed on the right to use the brand name. The transfer of the brand name from Wahaha to the IJV was never legally settled which both parties interpreted differently. Arguments: Danone thought it was unacceptable for Zong to use the brand name for non-‐joint venture products. For Zong it was unacceptable to sell its premium brand for only a few products produced in the IJV. Zong also did not agree to sell its non-‐joint venture business to Danone. Conflict B: Control system Danone wanted to ensure ownership by owning 51% of the IJV. Danone thought by owning the largest share they could ensure its management control. Arguments: Danone made a severe miscalculation here as for Zong the initial objective of Wahaha was to secure funding and maintain management control of the business and manage its day-‐to-‐day operations. Conflict C: Competition Clause Zong had set up competing non-‐JV companies. Arguments: Danone viewed this as a breach of contract relating to the IJV and therefore believed these non-‐JV companies should belong to the Wahaha-‐ Danone IJV. Zong’s arguments were that that the companies were set up in areas where Danone did not want to invest and therefore did not compete directly. RESULTS: Both companies were obviously suffering from differences at organizational and cultural differences at country level. These incongruence’s had to be cleared out. Danone attempted to work through the conflicts through non-‐legal negotiations, but according to Zong due to the unfairness of the negotiations, the entire dispute ended in local courts and international arbitration. The final result was for the companies to agree on a ceasefire.