In a competitive M&A process where the target is reluctant, a marginal price increase may not work. A winning strategy can be to 'overpay' significantly. This makes the offer financially indefensible for the board to reject and immediately ends the bidding process, guaranteeing the acquisition.
Frame every negotiation around four core business drivers. Offer discounts not as concessions, but as payments for the customer giving you something valuable: more volume, faster cash payments, a longer contract commitment, or a predictable closing date. This shifts the conversation from haggling to a structured, collaborative process.
When a buyer insists on a "termination for convenience" clause, explain that it nullifies the "length of commitment" lever. This effectively changes a multi-year agreement into a month-to-month one, which logically carries a much higher price (e.g., a 30-35% increase). This frames the clause not as a legal term, but a commercial one with a clear cost.
Enterprise leaders aren't motivated by solving small, specific problems. Founders succeed by "vision casting"—selling a future state or opportunity that gives the buyer a competitive edge ("alpha"). This excites them enough to champion a deal internally.
The most lucrative exit for a startup is often not an IPO, but an M&A deal within an oligopolistic industry. When 3-4 major players exist, they can be forced into an irrational bidding war driven by the fear of a competitor acquiring the asset, leading to outcomes that are even better than going public.
To win highly sought-after deals, growth investors must build relationships years in advance. This involves providing tangible help with hiring, customer introductions, and strategic advice, effectively acting as an investor long before deploying capital.
Netflix's bid for Warner Bros. may be a brilliant game theory play. Even if the deal is blocked by regulators, it forces its primary rival into a multi-year acquisition limbo. This distraction freezes the competitor's strategy, allowing Netflix to extend its market lead. It's a win-win for Netflix.
Before investing time to create a perfect offer, secure a conditional commitment by asking, 'If I can deliver on these specific things we've discussed, do we have a deal?' This tactic prevents the prospect from backing out to 'think about it' and ensures your efforts are aligned with a committed buyer.
Discussing pricing early doesn't mean you're in the proposal stage. True proposal and negotiation begins only after you have secured explicit agreement on the problem, the solution, and from the key decision-maker. At this point, the deal would close if it were free; price is the only remaining variable.
For legacy companies in declining industries, a massive, 'bet the ranch' acquisition is not an offensive growth strategy but a defensive, existential one. The primary motivation is to gain scale and avoid becoming the smallest, most vulnerable player in a consolidating market, even if it requires stretching financially.
By launching a bid for Warner Bros., Netflix CEO Ted Sarandos has ingeniously stalled the market. This move forces all other potential suitors and targets into a holding pattern, as any significant M&A activity must now wait for the outcome of this lengthy regulatory battle, giving Netflix a strategic advantage.