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Threat and blackmail in
    business relations



        Balázs Hámori

   Corvinus University
Exchange as a form of aggression
                   Nobody ever saw a
                   dog make a fair and
                   deliberate exchange
                   of one bone for
                   another with another
                   dog.”
                      (A. Smith)
Aggression and blackmail as a part of
„normal” exchange
 „People’s effort…can aim on the
 one hand to produce or to
 transform economic goods, on the
 other hand to acquire or to
 expropriate goods produced by
 others.”
                      (V. Pareto)

 Although humans emerge from
 their environment by their
 willingness to exchange (and
 behind that of sharing), but this
 does not mean that aggression,
 threat or blackmail would not be a
 frequent element of normal
 exchanges.
Apple fair
              The normal price of apples during the day is
               6 dollars, and the seller will offer them for 5
               dollars to the late buyers.
              However, the buyers counter-offer is only 1
               dollar.
              If the seller can force her price on the buyer,
               then she wins 5 dollars (compared to 0,
               since otherwise she would throw them into
               the trash), while the buyer would only win 1
               dollar since he buys only 1 dollar less than
               the daily price.
              If on the other hand the buyer proves to be
               the more forceful and buys the apples for 1
               dollar, then he will win 5 dollars, and the
               seller will win 1 compared to 0.
Everybody wins

There is a third possibility: the bargain,
 where both side will concede from their
 prices, and they will agree on a 3 dollars
 price. This would result in a 3 dollars
 payoff for both. The buyer will get the
 apples for 3 dollars less, and the seller will
 get 3 dollars instead of throwing them into
 the trash.
Effective threat
The seller: will rather throw them into the
 trash, but she will not give them away for
 less.
The buyer: will rather waive the special
 buy, but he will not give more for the
 goods
Both have to make the other believe, that
 he or she is willing to go all the way, and
 are even willing to hurt themselves.
The model of everyday agression




                                      Seller
                             Withdrawal   Holding the offer

           Withdrawal          3,3             1,5
 Buyer
         Holding the offer     5,1             0,0
The game of teenagers from Los Angeles

In this „tame” and „simple” exchange act –
 surprisingly – in terms of game theory we
 speak exactly about the same thing as in
 the case of the Chicken game, which was
 used to model the Cuban missile crisis of
 1962, that threatened the world with a
 nuclear war.
The burning of the bridges

I must concede, because he will not. He
 will not concede, because he thinks that I
 think that he thinks, that I think…
In bargains weakness is often strength,
 freedom can be the freedom to surrender,
 and the burning of the bridges behind us
 can be enough to conquer our opposition
                           Thomas Schelling
Blackmail is present in every normal
bargain
  Trading acts – by nature reflect certain
   aspects of market actors’ aggressiveness

  In transition economies, institutions, values,
   the attitudes of market actors differ from the
   practices of developed market economies.
   Often they have dual nature.
A modern tale of goose farming
 Z have a goose farm in the
  Hungarian country side. He
  does not own the geese, but he
  receives money for raising them
  through the eggs taken away by
  the owner Dr. B. But after a
  while, Dr. B does not pay,
  because he had a bad year.

 Z had talked to his lawyer, who
  said that according to the
  contract he has the right to
  keep the geese as a security,
  but in practice „the geese
  belongs to who ever is the
  stronger”.
Dr. B as a tyrant
 The next day Dr. B. arrived with two trucks, with two car
  loads of men and three huge thugs. Z did not let them in.
  Dr. B. ordered his men to enter. The thugs did not initiate
  violence, rather they provoked Z, so he would loose his
  cool first.
 The battle went on, while Z received serious threats „his
  family can get hurt, his car can be wrecked, his farm can
  burn down”.
 This is what happened. I think it is a typical Hungarian
  story of a non-paying entrepreneur, who threatens others
  besides causing them to go bankrupt. These people
  think „they are allowed more than others”.
Typical blank contracts
 Public utility services
 During the past years the rates of these services has
  multiplied, and probably they include several types of
  costs that are unduly passed onto the consumers.
 The raise in the service rates do not entail a
  simultaneous raise in the quality levels of services.
 The consumers do not have the opportunity to monitor or
  influence the quality and rates of services.
 The relationship between public utility service providers
  and consumers in market economies should be based
  on a civil law contract between equals. Unfortunately,
  our experience shows that consumers cannot sense this.
A basic element of market relations is
missing: equality
 From the beginning of 90s these contract were
  signed for several years.
 Today they sign so called blank contracts, where
  the consumer is even forced to accept
  disadvantageous terms.
 The other problem is that in these contracts the
  service provider does not call the attention of the
  consumer to such points that later can cause
  one-sided advantages to the service provider.
The exchange partner as the authority
 This is only good for those who offer. This extraordinarily
  simplifies life. Besides this, of course, it could be correct, but
  since the text of the blank contract is worded by one side
  without the contribution of the other side, the legal principle
  of equality is usually not met.

 Despite of this, partially because of the economic dominance
  of the service providers, and partly because they generate a
  completely official appearance to a civil law agreement, the
  majority of the people do not dare to formulate any
  objections, and although wryly but still they will sign the blank
  contract even if they do not like it.

 This way the calculation of the stronger party comes through.
Labor relation covered by entrepreneurial
contact
 Workers mostly sign and work under entrepreneurial or
  assignment contracts not because of their own accord,
  but out of necessity.

 This is disadvantageous for them, since this way they
  are not under the safety cover of the Labor Code or in a
  given situation under the collective bargaining
  agreement, and they are not entitled to those rights and
  benefits included in these.

 With a contract, employees cannot count on „term of
  notice”, severance pay, and they are in a
  disadvantageous situation when calculating „sick-pay”
  and pensions.
Travel Contracts
                    Although these are signed
                     based on the civil code, still
                     one side – namely the
                     traveler – is more
                     defenseless than the other
                     side – the service provider.
                     The travel service provider,
                     because of his/her market
                     knowledge, information,
                     communication channels,
                     and his expert colleagues
                     has an extra advantage.
Mediline
 „On September 8th I ordered two vacuum mattresses with
  protective cover from the Mediline International Trade Ltd. for
  199.990, - Forints. On September 10th I visited Mediline Ltd. at
  their headquarters and I canceled my order. On September 15th I
  received their 1st letter, and next day I made the indemnity
  payment of 55000 Forints stated in the letter. I find it unfair that
  for signing a contract form I have to pay out 55000 Forints”
  (customer)
 The company does not allow for his contractual customers the
  right of withdrawal that is a costumer protection guarantee stated
  in a given governmental decree.
 The consumer can withdraw from the contract within 8 working
  days from signing the contract without justification and without
  making any indemnity payment.
 THE CONSUMER CANNOT WAIVE THIS RIGHT IN A
  BLANK CONRACT
Beware of the small text! –
or the contractual aggression
                      Therefore, a contract is
                       often not an agreement
                       of equals, but a
                       document prepared by
                       one side and
                       advantageous to that
                       side and forced upon the
                       other party
                      Blank contracts
                      Terms that are
                       misleading or made to
                       appear as insignificant
                       (often against the law)
Chain stores are passing the expenses of
competition onto the producers – minimal margins

   listing fee,             Sale prices: during one
   shelf money,               sale they ask for 10-
   „merchandising fee”,       12% discount from the
   „marketing contribution”,
                               suppliers,
   commission paid after Promotional
    turnover,                  contribution
   bonuses,                   (for instance the renting
   fee for being on the list, of cooling boxes, or the
   Central administrative     payment for the costs
    commission.                of tasting is also
                           expected.)
French example
 Five large chain (Auchan,
  Casino, Carrefour, Lucie,
  and Inter) dominates 86
  % of the market
 96% of the suppliers of
  mass consumer’s goods
  are SME-s, whose
  products are responsible
  for only 19% of the
  revenues of the large
  chains.
 The chains utilize the so
  called cannibalistic
  pricing against the small
  ones, based on „twisting
  the arms” of the suppliers
World phenomenon
 The producers, supplier and their associations
  are afraid that their products will be bought by
  fewer and fewer and purchasing will be more
  concentrated. They are especially apprehensive
  of the wider spread of the new marketing and
  commercial instruments like the discounts based
  on quantities and the listing fees.
                   (US Census Bureau [2000])
The cartels of aggression

                   Commerce of excise goods.
                   A billionaire Hungarian
                   company after privatization
                   monopolized commerce.
                   Five large multinational
                   producers asked: split the
                   company into five parts and
                   give them a stake.
                   They did not do it.
                   Cannibalistic pricing
                   Failure
                   Revenge: ordered a huge
                   quantity, and did not pay: „exit
                   fee”.
The characteristics of Eastern mafias
   compared to their Western counterparts

                               East                   West
                          More diversified,      It is concentrated:
   Area of activity       because of more        protection, drugs,
                        economic uncertainty          prostitution
                         Violent, causeless,
Aggression and terror                              Sophisticated
                               bloody
                        Upper social strata,
       Origin                                   Lower social strata
                         old nomenclature
 Relationship to the      Intertwined, tight
                                                 Separated, hostile
        state                relationship
                         Whole industries,      Restricted economic
       Scope
                         regions, countries          segments
   Reaction of the                                 Dismissive,
                        Apathetic, supporting
      society                                     condemnatory
Aggression in East-Central Europe
What can explain that in the East-Central
 European, still developing markets the
 aggressive, blackmail type, mafia-like
 economic activities are rapidly growing,
 even though
         the basis of market economy – per
 definition – is the mutuality between
 actors, equality, correct and calculable
 behavior?
Tentative answer

The first possible answer is that market
 activity genetically includes the possibility of
 the actors’ aggressive behavior
 and
if this possibility is connected to the instability
 of the developing market institutions, because
 of the situation the aggression of the actors
 can increase.
The reasons behind the spread of
aggression (1)
The socialist heritage of unequal seller-
 buyer relationship
The absence of organically developed
 market institution: artificial, not generally
 accepted solutions
Specific ownership rights, the absence of
 the respect towards others’ properties
Moral uncertainty as a result of the deep
 changes
The reasons behind the spread of
aggression (2)
                   Incapability of the state,
                    questioning of state authority.
                    There is no power that could
                    observe the rules.
                   The statistical chance of
                    convicting criminals is small.
                   Punishments are not really
                    dissuasive.
                   Increasing global competition
                    have an influence on the
                    increase of aggression.
The limits of aggression

Only such wealth can be taken away, expropriated, that
was once developed by someone.
If those utilizing aggression completely destroy their
partners, then at the end there will be no one to take away
their properties from.
Taking away and production under all circumstances
must remain in equilibrium.
If in an economy the rules of the dogs’ world prevail,
then that economy will „sit down”
Therefore, in all specific cases there are well-defined
limits to economic aggression
Conclusion
 The public and the elite
 of the ex-socialist
 countries were not ready
 for the Janus-face of
 market economy, so
 they do not have the
 appropriate instruments
 to influence the
 processes and the
 motivation of actors.

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Aggression And Blackmail As Normal

  • 1. Threat and blackmail in business relations Balázs Hámori Corvinus University
  • 2. Exchange as a form of aggression Nobody ever saw a dog make a fair and deliberate exchange of one bone for another with another dog.” (A. Smith)
  • 3. Aggression and blackmail as a part of „normal” exchange „People’s effort…can aim on the one hand to produce or to transform economic goods, on the other hand to acquire or to expropriate goods produced by others.” (V. Pareto) Although humans emerge from their environment by their willingness to exchange (and behind that of sharing), but this does not mean that aggression, threat or blackmail would not be a frequent element of normal exchanges.
  • 4. Apple fair  The normal price of apples during the day is 6 dollars, and the seller will offer them for 5 dollars to the late buyers.  However, the buyers counter-offer is only 1 dollar.  If the seller can force her price on the buyer, then she wins 5 dollars (compared to 0, since otherwise she would throw them into the trash), while the buyer would only win 1 dollar since he buys only 1 dollar less than the daily price.  If on the other hand the buyer proves to be the more forceful and buys the apples for 1 dollar, then he will win 5 dollars, and the seller will win 1 compared to 0.
  • 5. Everybody wins There is a third possibility: the bargain, where both side will concede from their prices, and they will agree on a 3 dollars price. This would result in a 3 dollars payoff for both. The buyer will get the apples for 3 dollars less, and the seller will get 3 dollars instead of throwing them into the trash.
  • 6. Effective threat The seller: will rather throw them into the trash, but she will not give them away for less. The buyer: will rather waive the special buy, but he will not give more for the goods Both have to make the other believe, that he or she is willing to go all the way, and are even willing to hurt themselves.
  • 7. The model of everyday agression Seller Withdrawal Holding the offer Withdrawal 3,3 1,5 Buyer Holding the offer 5,1 0,0
  • 8. The game of teenagers from Los Angeles In this „tame” and „simple” exchange act – surprisingly – in terms of game theory we speak exactly about the same thing as in the case of the Chicken game, which was used to model the Cuban missile crisis of 1962, that threatened the world with a nuclear war.
  • 9. The burning of the bridges I must concede, because he will not. He will not concede, because he thinks that I think that he thinks, that I think… In bargains weakness is often strength, freedom can be the freedom to surrender, and the burning of the bridges behind us can be enough to conquer our opposition Thomas Schelling
  • 10. Blackmail is present in every normal bargain Trading acts – by nature reflect certain aspects of market actors’ aggressiveness In transition economies, institutions, values, the attitudes of market actors differ from the practices of developed market economies. Often they have dual nature.
  • 11. A modern tale of goose farming  Z have a goose farm in the Hungarian country side. He does not own the geese, but he receives money for raising them through the eggs taken away by the owner Dr. B. But after a while, Dr. B does not pay, because he had a bad year.  Z had talked to his lawyer, who said that according to the contract he has the right to keep the geese as a security, but in practice „the geese belongs to who ever is the stronger”.
  • 12. Dr. B as a tyrant  The next day Dr. B. arrived with two trucks, with two car loads of men and three huge thugs. Z did not let them in. Dr. B. ordered his men to enter. The thugs did not initiate violence, rather they provoked Z, so he would loose his cool first.  The battle went on, while Z received serious threats „his family can get hurt, his car can be wrecked, his farm can burn down”.  This is what happened. I think it is a typical Hungarian story of a non-paying entrepreneur, who threatens others besides causing them to go bankrupt. These people think „they are allowed more than others”.
  • 13. Typical blank contracts  Public utility services  During the past years the rates of these services has multiplied, and probably they include several types of costs that are unduly passed onto the consumers.  The raise in the service rates do not entail a simultaneous raise in the quality levels of services.  The consumers do not have the opportunity to monitor or influence the quality and rates of services.  The relationship between public utility service providers and consumers in market economies should be based on a civil law contract between equals. Unfortunately, our experience shows that consumers cannot sense this.
  • 14. A basic element of market relations is missing: equality  From the beginning of 90s these contract were signed for several years.  Today they sign so called blank contracts, where the consumer is even forced to accept disadvantageous terms.  The other problem is that in these contracts the service provider does not call the attention of the consumer to such points that later can cause one-sided advantages to the service provider.
  • 15. The exchange partner as the authority  This is only good for those who offer. This extraordinarily simplifies life. Besides this, of course, it could be correct, but since the text of the blank contract is worded by one side without the contribution of the other side, the legal principle of equality is usually not met.  Despite of this, partially because of the economic dominance of the service providers, and partly because they generate a completely official appearance to a civil law agreement, the majority of the people do not dare to formulate any objections, and although wryly but still they will sign the blank contract even if they do not like it.  This way the calculation of the stronger party comes through.
  • 16. Labor relation covered by entrepreneurial contact  Workers mostly sign and work under entrepreneurial or assignment contracts not because of their own accord, but out of necessity.  This is disadvantageous for them, since this way they are not under the safety cover of the Labor Code or in a given situation under the collective bargaining agreement, and they are not entitled to those rights and benefits included in these.  With a contract, employees cannot count on „term of notice”, severance pay, and they are in a disadvantageous situation when calculating „sick-pay” and pensions.
  • 17. Travel Contracts  Although these are signed based on the civil code, still one side – namely the traveler – is more defenseless than the other side – the service provider. The travel service provider, because of his/her market knowledge, information, communication channels, and his expert colleagues has an extra advantage.
  • 18. Mediline  „On September 8th I ordered two vacuum mattresses with protective cover from the Mediline International Trade Ltd. for 199.990, - Forints. On September 10th I visited Mediline Ltd. at their headquarters and I canceled my order. On September 15th I received their 1st letter, and next day I made the indemnity payment of 55000 Forints stated in the letter. I find it unfair that for signing a contract form I have to pay out 55000 Forints” (customer)  The company does not allow for his contractual customers the right of withdrawal that is a costumer protection guarantee stated in a given governmental decree.  The consumer can withdraw from the contract within 8 working days from signing the contract without justification and without making any indemnity payment.  THE CONSUMER CANNOT WAIVE THIS RIGHT IN A BLANK CONRACT
  • 19. Beware of the small text! – or the contractual aggression  Therefore, a contract is often not an agreement of equals, but a document prepared by one side and advantageous to that side and forced upon the other party  Blank contracts  Terms that are misleading or made to appear as insignificant (often against the law)
  • 20. Chain stores are passing the expenses of competition onto the producers – minimal margins  listing fee, Sale prices: during one  shelf money, sale they ask for 10-  „merchandising fee”, 12% discount from the  „marketing contribution”, suppliers,  commission paid after Promotional turnover, contribution  bonuses, (for instance the renting  fee for being on the list, of cooling boxes, or the  Central administrative payment for the costs commission. of tasting is also expected.)
  • 21. French example  Five large chain (Auchan, Casino, Carrefour, Lucie, and Inter) dominates 86 % of the market  96% of the suppliers of mass consumer’s goods are SME-s, whose products are responsible for only 19% of the revenues of the large chains.  The chains utilize the so called cannibalistic pricing against the small ones, based on „twisting the arms” of the suppliers
  • 22. World phenomenon  The producers, supplier and their associations are afraid that their products will be bought by fewer and fewer and purchasing will be more concentrated. They are especially apprehensive of the wider spread of the new marketing and commercial instruments like the discounts based on quantities and the listing fees. (US Census Bureau [2000])
  • 23. The cartels of aggression Commerce of excise goods. A billionaire Hungarian company after privatization monopolized commerce. Five large multinational producers asked: split the company into five parts and give them a stake. They did not do it. Cannibalistic pricing Failure Revenge: ordered a huge quantity, and did not pay: „exit fee”.
  • 24. The characteristics of Eastern mafias compared to their Western counterparts East West More diversified, It is concentrated: Area of activity because of more protection, drugs, economic uncertainty prostitution Violent, causeless, Aggression and terror Sophisticated bloody Upper social strata, Origin Lower social strata old nomenclature Relationship to the Intertwined, tight Separated, hostile state relationship Whole industries, Restricted economic Scope regions, countries segments Reaction of the Dismissive, Apathetic, supporting society condemnatory
  • 25. Aggression in East-Central Europe What can explain that in the East-Central European, still developing markets the aggressive, blackmail type, mafia-like economic activities are rapidly growing, even though  the basis of market economy – per definition – is the mutuality between actors, equality, correct and calculable behavior?
  • 26. Tentative answer The first possible answer is that market activity genetically includes the possibility of the actors’ aggressive behavior and if this possibility is connected to the instability of the developing market institutions, because of the situation the aggression of the actors can increase.
  • 27. The reasons behind the spread of aggression (1) The socialist heritage of unequal seller- buyer relationship The absence of organically developed market institution: artificial, not generally accepted solutions Specific ownership rights, the absence of the respect towards others’ properties Moral uncertainty as a result of the deep changes
  • 28. The reasons behind the spread of aggression (2)  Incapability of the state, questioning of state authority. There is no power that could observe the rules.  The statistical chance of convicting criminals is small.  Punishments are not really dissuasive.  Increasing global competition have an influence on the increase of aggression.
  • 29. The limits of aggression Only such wealth can be taken away, expropriated, that was once developed by someone. If those utilizing aggression completely destroy their partners, then at the end there will be no one to take away their properties from. Taking away and production under all circumstances must remain in equilibrium. If in an economy the rules of the dogs’ world prevail, then that economy will „sit down” Therefore, in all specific cases there are well-defined limits to economic aggression
  • 30. Conclusion The public and the elite of the ex-socialist countries were not ready for the Janus-face of market economy, so they do not have the appropriate instruments to influence the processes and the motivation of actors.