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S4EstablishingaBusinessinChinaSlides.pptx

Establishing Business in China

Session 4

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Issues

Is China a good market for your products/services? (opportunities/risks/costs)

If it is a good market, what entry strategy should you use? (timing/entry modes)

Due diligence

Seeking approval for FDI projects/Administrative Licensing

Entering China – Opportunities vs. Risks/Costs

Three levels of analysis:

Macro level

PEST analysis

Industry Level

Porter’s Five-Force Analysis Framework

Company Level

Strengths and weaknesses

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Entering China – e.g., macro risks/costs

Bureaucracy

Ever-changing regulations

Slowdown of economic growth

Guanxi and corruption

Outright fraud

Environmental issues

Shortage of labor and aging population - Rising labor costs

Social tension and rising inequality

Piracy – intellectual property violation

Sharing two articles:

“Fools rush in”

“Dealing in the dark”

THE SAME FRAMEWORK CAN BE USED TO CHOOSE A LOCATION IN CHINA, AS CHINA IS SO DIVERSED.

4

Is China Strategically Important?

LOW

HIGH

Learning Potential

LOW

HIGH

Market Potential

5

Choice of Strategic Markets: Market Potential

Current market size

The second largest economy

Growth expectations

Slowed down but still higher growth rate (7.4% in 2014; 6.9% in 2015; 6.7% in 2016; target- 6.5% in 2017)

Transition from investment- and export-oriented economy to domestic consumption model (consumption only 37% GDP now vs. in U.S., 70%)

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Does Chinese market Provides Learning Potential?

Sophisticated and demanding customers

Force a company to meet tough standards for product and service quality, cost, cycle time, etc.

Accelerate its learning regarding tomorrow’s customer needs

Force it to innovate constantly and continuously

The pace at which relevant technologies are evolving in the market.

Leading-edge customers

Innovative competitors

Universities and local research centers

Firms in related industries

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BUT WITHIN CHINA, SOME LOCATIONS PROVIDE MORE LEARNING POTENTIAL THAN OTHERS.

Does the Company Have the Ability to Exploit the Market?

Entry Barriers/Costs and Risks

Entry barriers are lower if there are no regulatory constraints on trade and investment.

Entry barriers are lower if new markets are geographically, culturally, and linguistically proximate to the domestic market.

Entry barriers are lower if the intensity of local competition is lower.

Consumer goods indsutry vs. Banking and financial services, telecommunication.

Hong Kong/Taiwan/ vs. U.S.

E.g., Ebay, amazon have trouble competing with Alibaba in China; Uber cannot win Didi Kuaidi in China.

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Framework for Assessing Timing Decisions

High

Low

Low

High

Firm’s ability to exploit global opportunities

Strategic

Importance

of Market

Phased-in entry

(create beachhead first)

Google gradually enters the

Chinese speaking market

(Beachheads: Hong Kong

and Taiwan)

Ignore for now

Rapid entry

Google enters the English

Speaking markets, i.e.,

approximately 2 billion

people around the world

Opportunistic entry

Google incorporates six

African languages in the

search engine

Source: Adapted from Vijay Govindarajan and Anil K. Gupta, The Quest for Global Dominance. San Francisco: Jossey Bass, 2001: 28-30.

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Phased-in: Disney

Exporting

Licensing/Franchising

Joint Venture

Wholly owned Operation

How to Enter Target Markets

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Selecting a Mode of Entry

TRANSACTIONS:

Exporting:

-Spot transactions

-Long term contract

-Through foreign distributor

(Foreign trading companies)

Licensing technology or trademarks

- e.g. Disney

Franchising

- (e.g., McDonald)

DIRECT INVESTMENT:

Joint Venture:

-Marketing and distribution only

-Fully integrated

Wholly Owned Subsidiary

-Marketing and distribution only

-Fully integrated

- Acquisition

- Internal Development

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There are several components of international strategy. One must begin by selecting a mode of entry.

In other words, there are different ways to go international:

As you move from left to right, from top to bottom, the risk is higher but the level of control by the parent firm is also higher. Firms typically prefer more control, but if it comes with higher risk, they have to make the tradeoff.

For example, if the cultural difference is large: the risk is high, then firms should start with low risk alternatives.

In addition, if the firm has very little knowledge or experience in the foreign market, then it should choose low risk alternatives first, then as it becomes more experienced, the firm can move to other options. For example, many firms start to go international with JV, then buy up the stake in JV to become wholly owned subsidiaries in order to have more control.

Examples of Concerns

Administrative Licensing

“Licensing in China: Challenges and Best Practices”

Due Diligence

“Dealing in the Dark”

“Cat Scammed”

“Iicensing in China: Challenges and best practices” – In China, extensive, complex, and at times onerous licensing system at all levels of government can result in significant delays, added costs, and lost revenue for companies. Five areas of problems: transparency; expert panel reviews; disclosure requirements; third-party consultant recommendations; licensing associated with JVs.

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Licensing in China

Administrative licensing: getting approval for doing business in China

Five problem areas

Transparency

Expert panel reviews

IP and disclosure issues in the licensing process

Third-party consultant recommendations

Licensing in JVs

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Transparency: Problems

Transparency: applicants’ ability to easily apply, monitor and determine the status of their applications

Public information on licensing processes is often vague or insufficient and vary across regions

Inconsistencies in policy interpretation and implementation at the local level

Government timelines for review and approval of licensing applications. The official timelines are different in practice

Transparency: Solutions

Build relationship with the local government officials who oversee licensing processes and investment promotion

Emphasize the expected economic, tax and employment benefits to the community

Actively provide input on rules made available for comments to reduce the conflicts between regulations

Expert Panel Review: Problems

The government has the authority to nominate experts, which may include employees of Chinese competitors.

The experts may access the sensitive information provided

Lack of input foreign companies have over the expert nomination process

Expert Panel Review: Solutions

Develop strong relationships with the government bodies that oversee panel nominees.

Intellectual property (IP) and disclosure issues

Approval process in China is less clear and objective

To deal with this challenge,

Try to minimize the disclosure while still maintain respectful to local authority

Selectively limit the decision-making authority of the local China offices of the company, who is often under pressure of local officials

Negotiate what information is made publicly available and what remain undisclosed

Third Party Consultant Recommendations

Local government often recommends or mandates the specific third-party consultants, such as environmental reports, tax, legal and other requirements

Many companies feel that they have to use government recommended consultants, or run the risk of extended delay and strain government relations. However, the third party may not have necessary knowledge to do the work

Can perhaps negotiate with local government to add additional third-party providers so they can have choices.

Licensing in JVs

Chinese partners can deal with this but they may ask for more information than needed

Solution: clearly define that the technology used in the production of any final products can only be sold in certain markets

Due Diligence

Due diligence refers to an assessment of the legal risk, evaluation of the viability of the target, and a review of disclosure obligations.

Problems of Due Diligence in China

Scarcity of information

Unreliability of information (e.g., Caterpillar story)

Multiple set of accounting books

The valuation methods may not be same as internationally accepted methodologies

Consultants who do due diligence may be under investigation by Chinese government

In 2009, China law made it illegal for working personnel of state agencies and organizations in the fields of finance, telecom, transportation, education or healthcare, to sell or illegally provide information to others.

Companies may need to get information from informal contacts in China

Unreliability of information: Chinese companies often have multiple sets of accounting books, leading potential investors distrust the information provided by Chinese companies.

The valuation method used by Chinese companies may be very different from the internationally accepted methodologies.

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