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Make the Rules or Your Rivals Will [Deckle Edge] [Hardcover]

G. Richard Shell (Author)
5.0 out of 5 stars  See all reviews (5 customer reviews)


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Book Description

April 20, 2004
THERE IS A NEW TRUTH ABOUT BUSINESS STRATEGY: HE WHO MAKES THE RULES MAKES THE MONEY

A few savvy executives understand a vital but hidden truth about business in fiercely competitive markets: Making the rules of the game means the difference between winning and losing.

• Bill Gates has known this since he was nineteen, when he personally drafted his first licensing contract for a start-up company called Microsoft.
• Henry Ford learned it the hard way in the early days of the automobile industry when a powerful industry cartel tried to drive him out of business with a bogus patent.
• Sumner Redstone and Rupert Murdoch are both masters of this truth--and have led Viacom and News Corporation to sustained competitive success as a result. They are as comfortable in a courtroom as they are in a boardroom.
• Napster founder Shawn Fanning learned the lesson too late, only after incumbent recording companies in the music business had driven him from the market.

G. Richard Shell, an award-winning professor at one of the world’s leading business schools, brings the strategic insights of leaders like Gates, Ford, Redstone, and Murdoch into bold relief. Using stories drawn from both today's headlines and business history’s rich treasure trove, he shows exactly how to make the rules in your market and how to defend your interests when rivals beat you to it. What kind of rules? The rules that executives negotiate into contracts, lobby into new laws, litigate into court decisions, and persuade bureaucrats to write into regulatory standards.

Many managers run away from the rules, terrified of lawyers and afraid of political entanglements. The smartest executives know that the law is far too important to leave to the lawyers. They follow the example set by legally savvy corporate leaders: Learn the 10 percent of legal strategy that makes 90 percent of the difference in winning competitive battles.

Shell’s book will completely change the way you think about:

• Branding. What if your competitor tries to deny you the right to use your product name, as Coke did when it launched a worldwide campaign to stop Pepsi from using the word “cola”?
• Pricing Strategy. Wal-Mart is crushing you by discounting. How about writing rules to protect your profits? Gas retailers did this to stop Wal-Mart from selling discount gas in the United States.
• Crown Jewel Products. A giant competitor copies your hit products, markets them as its own, and laughs at your threatened lawsuit. What is your next step? Nintendo’s leaders faced a situation much like this when it battled Universal Studios over Nintendo’s first megahit game--Donkey Kong.

Rules that shape the way markets work are like the invisible electric fences that keep pets inside a yard. The businesses that write the rules can offer their products and services with relative freedom--while their rivals must stay inside the fence. Make the Rules or Your Rivals Will provides the ?rst comprehensive guide to this crucial, largely hidden aspect of corporate strategy.

Someone is going to write the rules in your market. Will it be you or your competitors?


Editorial Reviews

From Publishers Weekly

Being smart and successful in business is possible only for those armed with the "kill or be killed" mentality. Competition is inevitable, says author Shell, a professor at the Wharton School, but in a cutthroat world that rewards street smarts and cunning—along with good connections and unlimited funds—conquering business enemies is the necessary ingredient for true success. Shell explains "everything-you-wanted-to-learn-in-business-or-law-school-but-didn't": if you want to be a rule maker, then you must know the rules, which include be bold, don't sleep and be prepared to settle. It's not always pretty and it's certainly never fair, he says, but the sooner one accepts the reality of this cold, hard business world, the sooner the competition will seem less threatening if not entirely inconsequential. Drawing on a well-researched laundry list of business-related case studies, personality profiles and history lessons that show how—and how not—to win in the game of business, Shell makes a good case of why nice guys rarely finish first (and manages to bring in everyone and everything from Coke and Pepsi to Bill Gates, Rupert Murdoch, Wal-Mart, Pennzoil, Texaco and many, many others). Men and women who go to law and business school to learn how the system works so they can make the world a better place are fooling themselves and are likely not headed for super-success. Understanding how people, companies and laws really work—what Shell refers to as "sophistication in litigation"—is what separates the winners from the losers.
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.

From Booklist

In the competitive high-stakes game of big business, it is no secret that companies work the legislative and legal systems to gain advantage in the marketplace. It's called competitive legal strategy, by which some companies make the rules and others are forced to operate within restrictive boundaries that add cost and inconvenience to entering a given market. Rather than pass judgment on these tactics, Shell exposes these realities in order to give business owners and managers the legal knowledge to make better, more profitable strategic decisions. Citing numerous real-world cases, he examines contracts, lawsuits, government legislation and lobbying, patents, copyrights, and other intellectual-property issues such as music downloading. Famous rivalries such as those between Henry Ford and the early automobile consortium, the railroads and the trucking industry, the cola wars, and the case against Microsoft are examined. Without getting too technical, Shell shows how companies that utilize smart legal strategies early and pick their fights wisely are the ones that come out ahead. David Siegfried
Copyright © American Library Association. All rights reserved

Product Details

  • Hardcover: 336 pages
  • Publisher: Crown Business; 1 edition (April 20, 2004)
  • Language: English
  • ISBN-10: 140005009X
  • ISBN-13: 978-1400050093
  • Product Dimensions: 6.4 x 1.1 x 9.5 inches
  • Shipping Weight: 1.3 pounds
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (5 customer reviews)
  • Amazon Best Sellers Rank: #472,827 in Books (See Top 100 in Books)

More About the Author

G. Richard Shell is the Thomas Gerrity Professor of Legal Studies, Business Ethics, and Management at the Wharton School of Business and author of the award-winning Bargaining for Advantage: Negotiation Strategies for Reasonable People. He is Director of the Wharton Executive Negotiation Workshop and Co-director of the Wharton Strategic Persuasion Workshop.

 

Customer Reviews

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Average Customer Review
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Most Helpful Customer Reviews

6 of 6 people found the following review helpful:
5.0 out of 5 stars Tough World, Good Book, September 15, 2004
By 
Trevor Cross "persepolis" (Hingham, MA United States) - See all my reviews
This review is from: Make the Rules or Your Rivals Will (Hardcover)
There are many wise lessons in this book. In some ways, it has a zen or eastern quality in that it doesn't shy away from the hard reality of business. Instead of moralizing (so common today in the wake of the Enron, Worldcom messes) it says, this is the way it is, and this is how you can prosper in this type of an environment. It is like a survival book for a jungle fighter in the middle of a guerrilla war. Very useful and practical.
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3 of 3 people found the following review helpful:
5.0 out of 5 stars Include Legal Stratagies in Your Business Planning!, July 20, 2004
By 
Andrew C. (Minneapolis, MN) - See all my reviews
This review is from: Make the Rules or Your Rivals Will (Hardcover)
Dr. Shell has written an excellent book that opened my eyes regarding the central role legal strategies have played - and will continue to play - in American business. Indeed, the reality is that business is conducted in an environment with many constraints that need to be considered. Those business leaders treating legal questions in an ad hoc fashion or tactically may find that they have been out maneuvered by a competitor and left with few, or at least painfully expensive, options.

I especially appreciated Dr. Shell's writing style that illustrated the heart of the principles of law involved without bogging down in difficult legal language.
I believe this book should be required reading for emerging MBA students and new managers alike.

If you're not using your legal team as an active advisor to your business management group, you may revise that after reading this book.
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2 of 2 people found the following review helpful:
5.0 out of 5 stars A framework to understand how law can help or hurt businesses, August 7, 2005
By 
Ludovic Meilhac (Fairfield, CT, USA) - See all my reviews
(REAL NAME)   
This review is from: Make the Rules or Your Rivals Will (Hardcover)
Richard Shell describes in a very organized and systematic way how legal moves can impact the firm's profitability for the short and long term. Legal is viewed as a key component of a strategy. Numerous relevant examples are provided by the author to demonstrate "law making in action". The perfect balance between theory and concrete examples contributes greatly to the clarity of the book.
Excellent book, so good that I had to read it twice.
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