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Case Format Procter
Case Format Procter
Khan
MGMT 4395
Ana Hernandez
CASE 5.3
BRIEF OVERVIEW OF THE CASE DETAILS: John Pepper who is the chairman of Procter
& Gamble found out that new hires had obtained documents with information that can be used to
their advantage. Procter & Gambles fierce competitor, Unilever was unaware of that
information. Not sure how many were involved but at least one person had searched Unilevers
trash bins. As soon as John Pepper figured out all the details to the dumpster diving, he contacted
Unilevers chairman to fix the situation. Companies perform a competitive analysis in order to
better the company against competitors. Unfortunately Procter & Gamble did more than that by
hiring outside contractors. With the information discovered they were going launch a new
product in February. Dumpster diving is illegal in private property which Procter & Gamble was
responsible for. Unilever was not going to let things slide as well which are seeking a settlement
10 million as a consequence. Otherwise Unilever would take further action by filing a lawsuit
against them. Unilever also requested to remove all employees who had access to the
information and be assign a new job duty. One that would not have an impact in the information
they have obtained. In 2008, John Pepper made arrangements to travel to London for a final
negotiation.
Dr. Khan
MGMT 4395
Ana Hernandez
CASE 5.3
information such a trade secrets to their advantage. Its almost like cheating your way to the top.
Even though there is a fierce market out there it does give the freedom to cheat in order to be the
best competitor.
Dr. Khan
MGMT 4395
Ana Hernandez
CASE 5.3
Dr. Khan
MGMT 4395
Ana Hernandez
CASE 5.3
been helpful for Procter & Gambles success. I think maybe that was a reason why Unilever offer
a settlement as opposed to going straight into a lawsuit.
Q 3.) Is Unilever owed any compensation? What harm has the company suffered for which
they should be compensated? [Note: Compensation is due only for harm done. Compare
this case to compensating the owner of an automobile in a crash.
Even though the actions of Procter & Gamble were wrong, I think that a settlement of 10
million dollars is overdoing it. I guess maybe to avoid a lawsuit I would have chosen the
settlement route as well just an amount more reasonable because I do think that the amount that
Unilever was requested was a bit too much. As far as harm done, there was no physical damage
but as far as abstract harm Procter & Gamble did have an advantage since they saw confidential
information that possible bring down a company depending how vital the documentation was.
Unilever was fighting for fairness since now Procter & Gamble can be in the lead now with the
accessed information which would lead to a financial harm for Unilever; because they would not
make the same profits they were accustomed too. In a car crash yes there is physical damage but
there is also abstract damaged as well. I might not be physical hurt in a car crash but what if the
car crashed traumatized me and I have to go to therapy now? I should get compensated as well
not have to show just physical damaged.
Q 4.) Should P&G accept a monitor? Could a monitor harm P&G in any way? [Note: A
monitor would be bound by a confidentiality agreement.] Could a monitor really be
effective? That is, could a monitor detect instances in which P&G had used
misappropriated information?
In all honesty I feel like P&G should not accept the monitor especially if they are going
to settle financially with Unilever. That settlement should provide truce between both parties and
forgiveness, who knows if Unilever is also guilty for accessing information they shouldnt have
had. Ultimately it would cause more complications for both companies.
Dr. Khan
MGMT 4395
Ana Hernandez
CASE 5.3
Q 5.) Was Unilever overreaching, punishing P&G when its chairman had acted properly?
Or is the idea of a monitor a creative solution to a difficult problem? [Note: the sole
purpose of a monitor is to ensure that the P&G does what Pepper promised, and the cost of
the monitor would be inconsequential.]
In a way I do feel like Unilever was overreaching punishment, I am fine with the
settlement and their requirements such as relocating previous staff who saw the confidential
information. Like stated before Pepper was ethical by informing Unilever of the documents but
the monitor is overreaching punishment. Who knows if Unilever is doing the wrong thing too? If
there was second occurrence by P&G committing the same mistake, thats when I would agree to
the monitor otherwise no. Obviously if P&G does not due as promised there would legal
consequences so I doubt they wouldnt comply.
Dr. Khan
MGMT 4395
Ana Hernandez
CASE 5.3
REFERENCE:
1. Boatright, J. R. (2009). ETHICS AND THE CONDUCT OF BUSINESS, Upper Saddle River, Jew Jersey: Pearson
Education, Inc.