Field Note · Negotiation Tactics

Splitting the Pie.

Published January 2024 · Last updated January 2024

The splitting the pie framework reframes the negotiation around the value the deal creates rather than the positions each side stakes out. Applied to Oracle it changes where the leverage sits.

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The splitting the pie framework is a negotiation approach that reframes the bargaining around the value that the agreement creates for both parties rather than around the positions each side stakes out. The framework asks what additional value exists because the two parties reach agreement, treats that additional value as the pie to be divided, and argues that the pie should be split evenly because both parties are equally necessary to create it. Applied to an Oracle negotiation the framework changes where the leverage sits and provides a principled basis for the buyer to claim a larger share of the value than the Oracle anchoring would suggest.

The framework logic.

The framework begins by identifying the value created by the agreement compared with the value each party would have without the agreement. The value each party has without the agreement is the alternative, sometimes called the no deal position. The pie is the difference between the value of the agreement and the sum of the two no deal positions. The framework argues that this pie should be divided equally because each party contributes equally to its creation.

The logic differs from the conventional approach that divides the total value in proportion to the size or the strength of each party. The framework holds that the pie, the additional value created by agreement, is created equally by both parties and should therefore be split equally regardless of the relative size of the parties. This reframing favours the smaller party, which in the Oracle relationship is the buyer.

The no deal position.

The application of the framework to an Oracle negotiation depends on establishing the buyer no deal position accurately. The buyer no deal position is the cost and the value the buyer would face if no agreement is reached with Oracle. For a renewal the no deal position might be migration to an alternative platform, the use of third party support, or the termination of the relationship. The stronger and more credible the no deal position, the larger the buyer share of the pie.

The buyer should invest in developing a credible no deal position before the negotiation. A buyer with no alternative has a weak no deal position and a small claim on the pie. A buyer with a developed migration plan or a third party support option has a strong no deal position and a large claim. See the AWS RDS migration note for one credible no deal path and the Negotiation Tactics pillar for the broader leverage context.

The Oracle anchoring.

Oracle negotiations conventionally proceed from the Oracle anchor of the list price and a discount off the list. The anchoring frames the negotiation around the Oracle position rather than around the value created. The splitting the pie framework reframes the negotiation away from the Oracle anchor and toward the value analysis. The reframing removes the power of the list price anchor and substitutes a principled basis for the division.

The buyer applies the reframing by declining to negotiate on the percentage off list and instead negotiating on the share of the value the deal creates. The reframing requires the buyer to quantify the value and to present the analysis. The analysis shifts the conversation onto ground that favours the buyer. See the volume discount tiers note for the contrast with the conventional discount approach.

Applying it to a renewal.

In a renewal the pie is the value Oracle derives from retaining the buyer compared with losing the buyer, plus the value the buyer derives from continuing compared with migrating. The Oracle share of the pie is the retained support revenue net of the cost of serving the account. The buyer share is the avoided migration cost and the continued use of the platform. The framework argues these shares should be balanced rather than weighted toward Oracle.

The renewal application is most powerful when the buyer migration alternative is credible because the credibility increases the Oracle motivation to retain the buyer and therefore increases the Oracle contribution to the pie. The buyer claims a larger share by demonstrating the credible alternative. See the year end leverage note for the timing that amplifies the renewal pie.

Applying it to a ULA.

In a ULA negotiation the pie includes the value to Oracle of the committed spend and the certified position at exit, and the value to the buyer of the unlimited deployment right during the term and the certified entitlement at exit. The framework helps the buyer structure the certification and the exit terms to claim a fair share of the value rather than accepting the Oracle framing of the ULA as a concession.

The ULA application requires careful analysis of the deployment growth and the exit certification because the value of the ULA depends on the deployment during the term and the entitlement at exit. See the ULA exit strategy note for the exit value analysis.

The principled advantage.

The principled advantage of the framework is that it gives the buyer a defensible basis for its position that does not depend on bluffing or on relative power. The buyer argues from the value analysis rather than from a position the buyer cannot justify. The principled basis is harder for the Oracle account team to dismiss than a simple demand for a deeper discount.

For the wider cluster see Negotiation Tactics. For the service see Renewal Negotiation. For the deal structure see ULA. For the Oracle product see Oracle Database. For the full research read the Oracle Negotiation Playbook.

Engaging an independent advisor.

The application of the splitting the pie framework to an Oracle negotiation benefits from independent analysis of the value the deal creates and of the buyer no deal position. An independent advisor can quantify the pie, develop the credible no deal alternative, and present the value analysis that reframes the negotiation away from the Oracle anchor. The advisor brings the framework discipline and the Oracle specific knowledge to the negotiation.

A North American technology buyer engaged an advisor to apply the framework to a database renewal in 2024. The advisor quantified the value of retention to Oracle, developed a credible partial migration alternative as the no deal position, and reframed the negotiation around the share of the value the renewal created. The renewal settled approximately thirty three percent below the Oracle opening position on the strength of the reframing and the credible alternative.

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