1 Inter-organizational networks as a strategic response to current economic challenges. The Italian experience of the “network contract”: analysis of networks formation, goals and governance by S. Aureli, M. Ciambotti, M. Del Baldo 1 Selena Aureli Department of Economics, Society, Politics (DESP) University of Urbino “Carlo Bo” Via Saffi 42 – 61029 URBINO (PU) – ITALY e-mail: [email protected]Massimo Ciambotti Department of Economics, Society, Politics (DESP) University of Urbino “Carlo Bo” Via Saffi 42 – 61029 URBINO (PU) – ITALY e-mail: [email protected]Mara Del Baldo Department of Economics, Society, Politics (DESP) University of Urbino “Carlo Bo” Via Saffi 42 – 61029 URBINO (PU) – ITALY e-mail: [email protected]Abstract Considering the strategic relevance of inter-organizational aggregation, this paper aims to analyse how small and medium-sized Italian firms have used the ‘network contract’, a legislative tool recently introduced by the Italian government to sustain corporate competitiveness. The following aspects are analyzed: strategic motives that underlie network formation, type of activities undertaken, characteristics of participant firms, modes of network organization and governance rules. These aspects all contribute to understanding network efficacy in promoting small firms’ development in the long term. The empirical analysis is mainly qualitative in nature: it focuses on three case studies belonging to the mechanical engineering sector. Results indicate that the network contract is a flexible instrument, used to achieve different strategies of growth and long-term objectives, while financial incentives and tax reliefs planned by the Italian government do not represent a key driver to collaboration. Key words: network contract, networking strategies; firm aggregation, growth strategies, relationships, trust, mechanical sector, Italian small and medium-sized firms 1 This work is the product of a communal effort, however, M. Ciambotti has written sections 1 and 2, M. Del Baldo has written sections 3, 6.1, 6.2, 7.3 and 8; S. Aureli has written sections. 4, 5.1, 5.2, 6.3 and 7.1, 7.2.
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Inter-organizational networks as a strategic response to current economic challenges.
The Italian experience of the “network contract”: analysis of networks formation, goals and
- clear and shared long-term goals; that is, a common strategic objective in lieu of which any
other joint venture, alliance or collaboration would be interrupted should the most
immediate objectives of one or more parts not be reached;
- the commitment of every participant to the project and to the common activities, both in
terms of the work to be accomplished or shared activities to perform, as well as resources to
share, also by providing a specific endowment of capital;
- a procedure for maintaining inter-firm relations (even through regular meetings) and for
governing the network (e.g. governance rules) including a periodical evaluation of the
performance of the common projects in light of the expected outcomes.
These factors can clarify the “mission” of the network, plan the way in which the predetermined
objectives are reached, and favor coordination between partners, the development of reciprocal
trust, and the stability of inter-organizational relations throughout time - therefore contributing to
the efficacy and efficiency of the network itself.
5. Empirical analyses
5.1. A view of the network contract in Italy
The first network contract signed in Italy took form in April 2010. After roughly a year, by 5 April
2011, there were 39 network contracts in Italy that involved 50 provinces and 226 companies, for
over half constituted corporations (174 in total). The networks are made up of a minimum of two
and a maximum of 19 nodes. On average a network includes 6 members. In one case, even a
banking institution participates (it makes its financial expertise available to the businesses in the
network), while in another case two non-banking foundations (non-profit organizations) are
involved. Network contracts have been registered throughout Italy: 17 in the North, 16 in the South,
and 6 in Central Italy.
The network contracts have, above all, a local character: in 15 cases the participants are located all
in the same province and in another 7 cases they come from the same region. The rest (17 contracts,
or 44% of the total) bring businesses from different Italian regions together in the same network,
but usually it is only a minority (often only one) of firms that come from a different region than the
others.
Through a deeper analysis of the network contracts’ content2 it has been found that agreements
above all involve manufacturing activities (56%), the provision of professional or technical services
(20%), and, lastly, the agricultural or forestry sector (8%). Among the manufacturing activities are:
7 network contracts in mechanics and 3 contracts in the manufacturing of equipment for the
production of renewable energies and energy saving in buildings, while the other 4 regard the
production of clothing, chemical products, biomedical instruments and industrial processing of food
products.
5.2. Analysis of strategic objectives, of planned activities, of resources earmarked and of rules
governing the functioning of the networks in the manufacturing sector
To understand the general objectives and the specifics pursued by Italian businesses through the
network contract, and to ascertain whether the instrument represents an ideal means to support the
development of SMEs, the contents of 14 network contracts in the manufacturing sector were
analyzed. The contract can serve as a map of the network’s strategic objectives and to check the
2 The analysis was carried out only on 25 contracts out of a total of 39 existing contracts (64% of the population) since
it was not possible to obtain all of the data from the Chamber of Commerce.
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presence of those qualifying aspects that contribute to its stability and efficacy through time; some
of these elements constitute the minimum obligation of the contract (see section 2).
Regarding the declared strategic objectives (table 1), there are common themes surrounding the
objectives of commercial development (new national and international markets, new clients, new
additions), objectives of innovation (design of prototypes, improvement of processes), of productive
and commercial efficiency, with the consequent reduction of costs for individual firms and in
relation to the production chain (except in cases of horizontal collaboration, all of the contracts deal
with companies operating in different phases of the production chain), as well as to improve
production and their processes. The objectives can nearly always be generically classified as
proactive, which help the businesses to grow by sharing information and through knowledge
exchange.
Regarding the network’s program (table 1), it is possible to note that only in three cases (Fabbrica
Italia, Evento, Membrane) does there exist a precise distribution of activities among the partners.
More often the program consists of translating strategic objectives into more detailed objectives and
actions that the network as a whole must undertake; thus the objective of capacity building for
penetrating the international market is translated, for example, into the creation of a common brand
and in defining communal commercial policies.
From the analysis linked to these elements, one can affirm that in the manufacturing sector, the
agreements are predominantly complex and multi-functional. In fact, the collaborative accords
relate to diverse corporate functions and in only few cases were they mono-functional (the cases of
Membrane and Primarete involved almost exclusively undertaking research and development, while
in the case of RaceBo it is predominantly commercial collaboration).
Table 1: The strategic objectives and planned activities
Network name Strategic objectives Network program
Antiche cantine Create new products and processes Capitalize on the synergies between participants Improve environmental impacts Increase the penetration of the national and international markets with a certificate of quality Create a new brand
Shared development of planning, production, innovation and logistics Development of products to amplify the market Increase efficiency and productivity Amplify productive capacities Improve environmental performance Undertake service activities together Improve systems of quality management Participate in fairs and expositions Seminars on quality certification and marketing Obtain authorization for exportation Common marketing activities Creation and promotion of a network brand
Automation Net Increase the capacity to penetrate international markets
Definition of shared communication and commercial policies Creation of a common brand Joint research of potential new clients Participation in fairs, trade missions, and sharing a common agent Develop new products Improve logistical services
CHP-NET Develop and commercialize co-generative systems for supplying heat and electrical energy
Develop a fuel processing and burning centre Develop a system of cogeneration Verify the reliability of technology and its duration Evaluate costs of production Predetermine rules and disciplinary measures surrounding common activities Promote the network to develop other collaborations within the territory Participate in financing projects and at expert task forces Create a laboratory for research and development
Diconet Increase sales Integrate the specializations possessed by every node in the network and improve their qualifications Improve the network's organizational model
Co-design and analyze the feasibility of its machines Craft mechanical parts Test and assemble parts Provide “turn-key” machines and prototypes coordinating the work of all network nodes Perform auxiliary activities Form shared data banks Share information regarding products, productive capacity, costs and human resources utilized
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Energy for Life Promote its goods/services (use of renewable energy) Raise awareness of the network's brand Transfer the innovations made by the network to the client/market
Share management of the network’s brand Obtain job orders and transfer them to network nodes Create a singular external interlocutor Raise awareness among citizens and other businesses Advertise and spread the network’s brand Participate in trade fairs and expos Determine rules and disciplinary measures
Evento Plan and build plants and systems Exchange industrial, commercial, and technological information Increase the capacity for competition and innovation
Plan plants and wind power systems Create wind power mini-plants and monitoring systems in different geographical areas with distribution of its work among nodes Assembly and test prototypes and finished installations Organization of common services: a technical office, marketing, and research and design lab
Fabbrica Italia Reinforce competitiveness in the automotive sector Create new methods of production Streamline the productive organization and its costs Increase flexibility
Subdivision of production processes and commercialization among the network’s nodes Exchange technical and commercial information Monitor processes Introduction of emergent technological innovations into production Shared utilization of a respective business structures
GSM Enhance professionalism of the nodes Offer more customized products more quickly Contain production costs Share commercial costs Eliminate duplications of costs linked to work in the productive chain Obtain new orders
Acquire raw materials and products communally Construction and manufacturing communally Shared commercial and technological activities Exchange and increase knowledge
Mecnet Optimize production among the participants Improve quality and contain costs Increase innovative capacities Offer integrated solutions Exchange know-how
Obtain a certification of quality for each participant Participate in fairs and expos Organize marketing and production seminars Invest in common instruments and assets
Membrane Collaborate in a program of investments whose objective is to build a new production plant for polisufone dialysis membrane
The network program is expressed in terms of phases and technical sub-phases to undertake communally with the attribution of specific actions to each individual node Identify specific costs for each node and its respective earnings
Olonetwork Increase the firms' penetration into national and international markets Obtain a certification of quality Offer products that require the intervention of network’s businesses specialized in diverse phases of the production chain
Determine rules and internal disciplinary measures for assigning orders Create a singular entity of certification for each node in the network Participate in fairs and expos Define a common marketing strategy Nominate a single marketing agency to organize collective and individual publicity campaigns Organize expert task forces Register a network’s brand
Polo Alta Moda Increase firms' capacities to penetrate national and international markets Create and promote a brand for the local area where network’s firms are located that valorises the high qualitative standards of the nodes Favour cooperation among member-firms
Plan and create a territorial brand and a certification stamp that guarantees the quality of the clothing produced and the sustainability of the firms that produce it Create an audit committee for conferring the stamp Undertake educational activities, financial consultations and commercial activities for the network’s firms Spread the culture of the Made In Italy textiles through workshops Define rules, conventions and disciplinary actions, as well as quality standards and standards of production Develop new projects Participate in public competitions to obtain financing for shared activities Share marketing and procurement policies Promote a culture of corporate social responsibility and raise awareness among the public towards sustainable businesses
Primarete Share research activities to develop innovative synthetic textiles Increase competitiveness
Define shared procedures for undertaking research activities Organize expert task forces Develop new technologies to promote under a shared brand
Racebo Share commercial information Share a common commercial strategy towards clients Identify new opportunities in the market Reduce fixed costs (overhead and not)
Create a sales group Create a network brand Identity the various skills possessed by the network's nodes in merit of the various phases of the productive chain they occupy
Nevertheless, in light of the complex nature of such agreements, there is not always an adequate
endowment of financial resources (table 2). The contributions that the parties must provide are
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meager (the only exception is EnergyforLife), and in two cases the contract does not even provide
indications for the constitution of a mutual fund or endowment.
If this element appears to limit the capacity of the network to implement its planned projects, it
must be considered, however, that in all of the contracts analyzed, the partners had to contribute to
the expenditures involved in the network’s day-to-day management, which, from year to year can
help develop the network’s activities. However, they could have decided not to define a particularly
high initial fund to avoid financially straining the firms, preferring a more flexible financial plan.
Table 2. Financial resources
Network name Number of nodes Mutual fund
Yes/No Total balance
Antiche cantine 2 n/a
Automation Net 3 Yes 6.000
CHP-NET 2 Yes 10.000
Diconet 15 Yes 15.000
Energy for Life 5 (of which one is a bank) Yes 100.000
Evento 5 Yes to be defined
Fabbrica Italia 2 Yes to be defined
GSM 4 Yes 10.000
Mecnet 6 Yes 3.000
Membrane 2 No, but participants will create special purpose
entities
to be defined
Olonetwork 8 Yes 8.000
Polo Alta Moda 9 (of which 2 are non-banking foundations)
Yes 11.000
Primarete 4 n/a
Racebo 11 Yes 5.000
n/a = not available
The definition of rules governing the network and procedures regarding common activities are
likewise important for the stability of the network. Even the legislature had this in mind when, in
the latest revision of the law in 2010, had made it obligatory to specify in the contract the following
elements: the common entity in charge of carrying out the contract with the specification of its
powers, the rules for making decisions on issues of common interest, and the ways of measuring
network’s achievement of strategic objectives.
An analysis of these elements (see table 3) reveals that the network always has a collegial organ
(called the Assembly of participants, the Steering committee or just the Common entity). It is
composed of representatives of all of the firms or nodes in the network, who make decisions either
based on majority rule or unanimity, which allows for all of the participants to share in the decision-
making process. At the same time, an executive organ is nearly always present, either in the form of
a Managing Director (called President or Coordinator) or the Board of Directors (also called
Management committee). The executive organ is elected by members of the collegial organ, who
delegate their power to represent the network to it.
There are two atypical cases: Membrane and Primarete, where neither organs nor methods of
decision-making were explicitly stipulated. It is interesting to note that the lack of these aspects may
not be linked to the small number of members (for example, Primarete has 4 nodes but there are
other networks that are composed of only 2 parties who have specified these elements), nor it is
attributable to its old drawing up (both contracts were signed in December 2010, after the latest
modification of the law).
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Table 3. Network organs and their functions
Network name Network organs Methods of decision-making and evaluation
Antiche cantine Steering committee (1 representative for every node)
President of the Steering committee
Monthly meeting of the Steering committee Decisions by the Steering Committee based on majority rule Annual report (balance sheet & income statement)
Automation Net Steering committee (1 representative for every node)
Coordinator of the Steering committee
Monthly meeting of the Steering committee Decisions of the Steering committee based on unanimous vote Compilation of a program and an annual report
CHP-NET Assembly of participants (1 representative for every node)
President of the Assembly of participants
Decisions of the Assembly based on majority rule Technical meetings based on the state of the work Annual report prepared by the President
Diconet Assembly of participants (1 representative for every node)
Management committee lead by a President
n/a
Energy for Life Assembly of participants (1 representative for every node)
President of the Assembly of participants
Annual report
Evento Assembly of participants (1 representative for every node)
Managing Director Annual summary report Annual forecasting report
Fabbrica Italia Steering committee (2 representatives for every node)
President of the Steering committee
Periodic evaluation of the target costs
GSM Common entity (1 representative for every node)
Coordinator of the Common entity
List of expenditures
Mecnet Common entity (1 representative for every node)
President of the Common entity
Annual summary (balance sheet & income statement) Projected balance sheet & income statement
Membrane Common entity (1 representative for every node)
n/a n/a
Olonetwork Steering committee (1 representative for every node)
President of the Steering committee
Meetings of the Steering committee three times a year Decisions by the Steering committee based on majority rule Annual report and projected balance sheet & income statement
Polo Alta Moda Assembly of participants (1 representative for every node)
Management committee composed of 5 elected members and headed by a President nominated by the leading firm (not elected)
Monthly meeting of the Management committee Decisions of the Management committee based on majority rule Annual report Projected balance sheet & income statement
Primarete n/a n/a n/a
Racebo Assembly of participants (1 representative for every node)
Board of Directors composed of 2 elected members and headed by a President
Annual economic plan
Regarding the evaluation of the network’s activities and results produced, the most common
instrument is the annual report, a document in which all of the results of the preceding year are
summarized. It does not necessarily display the network’s financial accounts; at times it is a simple
list of expenses (as in the case of GSM), while in other cases it can assume the form of a balance
sheet and income statement. Interestingly, only in three cases networks translate their strategic
objectives into a formal report displaying projected economic and financial results.
Sometimes it was not possible to find any indication of this, as such information was completely
absent. Given this missing component, however, it is not possible to affirm that these collaborations
were without rules surrounding their functioning: these can be defined at an informal level or they
could have been agreed upon and undersigned after the certification of incorporation (therefore they
do not enter into the network contract but in subsequent pacts or accords that were not subject to the
obligation of making them public).
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6. Case study analysis
Since the information contained in network contracts do not always allow the researcher to
understand the characteristics of participant firms and accurately analyze the strategic motives that
underlie network formation, we conducted a more in-depth analysis with a select number of these
business cases.
In addition, the case study analysis and meetings with the subjects (e.g. Presidents) leading the
network were also necessary to identify the formal and informal rules that govern the network and
to understand whether or not the lack of a shared set of formal rules reflected preexistent inter-
company or interpersonal relationships.
As stated in the methodology section, two of the cases analyzed were contracts that have already
gone into force and which were included in the manufacturing sector data in the previous session’s
mapping of contracts, while the third regards a network that is in the process of formation.
6.1. The case of ‘RaceBo’
Description of the network
RaceBo is a network of 10 companies, almost all located in Bologna (only one has its headquarters
in Modena, another city of the same region), which was formed in April 2010. The majority of the
firms work in the mechanical sector, but some nodes come from the construction sector (large-scale
carpentry) and metallurgy. At the moment the headquarters of the network is at VRM Spa, whose
main shareholder is also its promoter and the president of the network. In all, the network generates
a net profit of € 90 million and involves 600 employees.
There are no corporate links among the nodes, no cross participation; nor is there the presence of
common subjects in the Board of Directors of individual firms. Only three businesses out of 10
have previously worked together in a client-supplier relationship (for around 3-4 years), while
others have never had a working relationship with one another. Each entrepreneur knew the other
companies just because they all were located in the same area. Moreover, they knew each other
personally, even if it was often at a superficial level, since they participated in local trade meetings
together. None of the firms had previous experiences with aggregation, such as participating in a
consortium. This network, therefore, did not formalize preexisting relationships but created a
completely new form of aggregation.
At the moment the network has already initiated contact with three other firms, located outside of
the region, for possible future nodes and are evaluating contacts with some subjects located abroad.
Strategic objectives and network program
According to the President interviewed, the network was formed primarily to overcome the
economic-financial crisis initiated in 2008, through a strategy of aggregation, without, however
losing the autonomy of each individual business. The aggregation was conceptualized as a new
organizational model to help the participating firms to be more commercially aggressive, acting as a
single interlocutor to the client and offering a more controlled price. However, it also was a strategy
devoted to consolidate supply relationships and reduce competition inside the supply chain.
For this motive, as indicated in the certificate of incorporation, the members of the network
proposed that they would share commercial information on all of the clients of each individual
company, define a common sales strategy for the network’s clientele, identify new opportunities in
the market (such as entering into the automotive business), and reduce fixed general costs linked to
the development of communal processes. Consequently, the firms have started a working group
oriented for sales purposes, towards which each participant contributes with his specific and
complementary competency, availing themselves of the network’s brand to use individually or
collectively for the development of new commercial relations.
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The promoter of the network was against collaboration among firms operating in the same sector or,
worse, in the same phase of the production chain, because in his opinion it has the mere scope of
creating a dominant position on the market; nor did he wish to limit himself by sharing certain
corporate costs. His goal was to put complementary companies together that could form an
integrated productive cycle and a complete production chain, which would produce certain
advantages that, in his opinion, only a network contract (and no other legal forms of collaboration)
was able to ensure: the conservation of each company’s autonomy, with the contextual creation of a
legal entity that could provide unity to the group of firms and amalgamate diversity, in addition to
obtaining a network rating that could provide better financing conditions. No particular valence was
given to fiscal advantages prefigured by Italian law in merit of the network contract.
The network has a common brand and has participated in a number of trade fairs. However, with
respect to the predetermined objective of acquiring new sales by presenting itself as a network, the
interviewee affirmed to have not been able to objectively evaluate if the profits from the last few
years increased because of network involvement (one should not exclude the fact that firms could
have obtained the same sales working independently). In any case, the members of the network
share the view that they have achieved very positive qualitative results after the contract went into
effect, such as greater visibility, greater commercial aggressiveness, and greater internal cohesion.
The network’s organization and resources
When the network was founded a mutual fund was planned in which each party contributed € 500,
for a total of € 5,000. The fund has already been completely used, such that network activities that
incurred management costs (especially participation in fairs) have been financed by the parties from
year to year. At the moment the costs of the network are divided equally between the firms, but they
are considering modifying the criteria of allocation.
There did not seem to be any specific human resources dedicated to the network, nor is there an
autonomous headquarters: the individual firms host meetings in their various offices. The point of
reference is however VRM Spa, whose main shareholder coordinates the activities of the network
as President without receiving a compensation. The activities planned are non-binding: every
company can decide whether or not to participate in each initiative, and, consequently, in reap
possible benefits and incur costs. No company has given the network their own technical
instrumentation or other assets.
Governance
The network is guided by the Assembly of participants that must deliberate on each initiative (for
example, participating in a project) during periodic group meetings, and delegates the operation of
the project to the Board of Directors. The Board of Directors is the network’s executive organ; it is
composed of a President and two members, who draw up the list of communal initiatives on which
the assembly deliberates and the associated economic plan, coordinate the network’s activities,
handle the mutual fund, and manage the offers that are directed to the network in the name of the
parties. The Board advises the Assembly of the activities it undertakes, and at the end of an activity
(for example, after a trade fair) it distributes a final report.
The certificate of incorporation specifies that each company has to be informed of the initiatives
that the group or part of the components of the network intend to take on, with the understanding
that it is possible for each individual company to undertake their own initiatives. The partners
participate in the decision-making by voting in the Assembly (voting rights are independent from
financial contributions). The Assembly can be asked for a meeting every time at least one partner
makes a request.
The informant said he did not fear opportunistic behaviors from his partners because there exists a
healthy level of reciprocal trust. He affirmed that clauses dealing with penalties or restrictions were
not inserted into the contract because they would be too burdensome (it would have been necessary
to involve specialized lawyers), and he felt it would be an incorrect way to begin a project if, from
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the very beginning, mistrust was generated. To underline possible opportunistic behaviors would
have blocked the creation of enduring relationships of reciprocal trust. There does, however, exist
an unwritten, informal agreement to give the client the freedom to choose which firm to work with
in case of similar services offered. This is to avoid disputes with the clientele (and risk of losing
them), and to guarantee the sale to at least one of the network’s firms.
Partially diverging from what the informant declared, an examination of the certificate of
incorporation instead found the presence of certain rules and penalties. Most importantly, an
agreement of confidentiality is expected. Second, there is a rule that forbids the use of the network’s
brand without first informing the memberships and, in the case of its unauthorized use, the firm can
be held liable for any damage incurred. There is also a non-compete clause, based on which none of
the participants can undersign other network contracts that conflict with this one, and a clause that
limits a firm’s ability to participate in other networks or aggregative forms without the consensus of
the entire Assembly. Another clause was added to this that incentivizes collaboration (every party
has the duty to promote the other parties in the network by giving them priority in subcontracting
work, all economic conditions being equal and for the same product offered by other market
subjects). In addition, there is also a clause that deters withdrawal from the network (a firm that
withdraws cannot get back any of its contribution to the mutual fund).
6.2. The case of ‘Rete Diconet’
Description of the network
Diconet is a network composed of 15 SMEs that operate in the mechanical sector. It was founded in
October 2010 with its headquarters in Bologna. It involves 256 employees and generates a net profit
of € 30 million. The participating firms all come from the same district and are almost all located in
the province of Bologna (except for one whose headquarters is in a different region). However,
there are another three companies, one of which is headquartered in Romania, that regularly
collaborate with the network, although at the moment they are not officially a part of it.
In this case, the contract represents the formalization of a collaboration that began many years ago,
in that the network’s firms had already adopted an internal agreement that standardized their
relationships. Some had begun working together 16 years ago, others more recently. The first
formalized relationship occurred in 1998, when three firms decided to construct a new company,
Dico Service srl, today a member of the network. In addition, all of the entrepreneurs involved have
known each other personally before the contract was signed. This understanding, according to the
informant, is at the base of the trust that governs the network. It is a constitutive element, without
which the network would have had a short life.
The nodes are not all independent. One firm is controlled by another conglomerate and 4 out of the
15 registered in the network are managed by the same person which is also the President of the
Board of Directors.
Strategic objectives and network program
The network was formed with the goal of acquiring new orders and increasing sales in such a way
that, because of the complexity and sizes of the individual firms, would have been beyond the scope
of any singular node. It also is intended to integrate the specialized competencies of the participants,
to improve the organizational model that is at the base of the collaboration between firms in terms
of optimization of labor and information processes, to reduce costs and improve the quality of their
products.
The formal appearance of the network, assumed when the contract was signed, particularly aids its
commercial objective, inasmuch as the participants can present themselves as a unit and do
publicity as a single entity. In addition, this type of contract was preferred to other legislative
instruments for prospective tax benefits promised by the Italian government, though later it was not
deemed to be practical. The informant lamented that the networks do not yet receive specific
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funding (to obtain regional funds an ATI must be formed), nor is it possible to benefit from an
extension on tax payments linked to the interest earned on the network’s mutual fund (legislative
proposals are still too vague).
This network has already completed a number of its projects, though some of which were already in
process at the time the contract was signed. For example, the participating businesses had already
been utilizing an integrated information system that linked all of the network’s nodes, and were
already governed by a common system of rules relatives to their qualitative standards. The network
is still in the process of obtaining a certification of quality (so that the network and each individual
party can advertise to third parties that they are certified). Lastly, the parties are assessing whether
or not to participate in an international network in which they can undertake research and
fundraising projects.
The network’s organization and resources
The network disburses a mutual fund of € 15.000, to which the partners equally contribute.
However, it has not yet been used to fund shared initiatives because the network lacks a VAT
number and there is uncertainty as to whether the fund can be utilized without one. The network
does benefit from structures and personnel that come from the individual companies, whose costs
are covered in equal measure, while the costs relative to the activities surrounding the contract itself
(for example, rent or external services) are divided based on the volume of income for each party
and on the amount utilized.
Governance
The 15 firms that have signed onto the contract all participate in the network’s Assembly, which
elects four members to the Management committee. The Committee is the organ entrusted with
carrying out the network’s programs. It is led by the President, who has the power to represent the
committee before the Public Administration and the banks, to access credit, and to undersign fiscal,
administrative and research-and-development agreements. When managing orders that require the
involvement of multiple nodes, however, the firm Dico Service functions as the network head and
point of contact.
The network’s activities are periodically evaluated; by rule there is a bi-monthly evaluation, as well
as when the President calls for the convocation of the committee. However, since all of the nodes
began using the same management and analytical accounting systems, monitoring is practically
constant. Consequently, this network does not feel the need to create formal systems of control
aimed at avoiding opportunistic behavior.
In any case, there are a number of clauses in the contract and associated regulations aimed at
discouraging opportunistic behavior, particularly regarding the use of the network logo,
participation in communal activities, withdrawal, and the exclusion of individual participants. There
is also a provision penalizing (at 30% of the sum deposited in the mutual fund) any company that
withdraws from the network because of a disagreement with decisions made by the Management
committee.
6.3. The case of ‘ImolaFa’
Description of the network
ImolaFa is a network composed of 8 firms; 7 of which are located in Imola and the other in another
city of the same region. All operate in the industrial automotive field. Together the network
employs 440 people and nets around € 60 million in sales. At the moment the network contract has
not been signed, but its contents have already been defined. The companies are evaluating the
possible entrance of 2 other nodes, whose resources and competencies are currently absent from the
network.
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All of the companies are members of Unindustria (the local industry association) and all of the
owners have known each other for many years. Some have also enjoyed previous collaborative
experiences together: two came from the same research and design cooperative, while another three
participated in a consortium together. The companies also previously cultivated commercial
relationships with each other and today, of the 8 firms involved, 7 are in equity relationships (direct,
indirect, and cross participation).
Strategic objectives and network program
The network contract aims to develop a critical dimension necessary to compete at the international
level, especially in terms of human resources and competency, which can be leveraged to dialogue
with the large players in the market (i.e. Bosch and Siemens) and to confront competitors.
In this case, the network contract was not drawn up to help overcome the economic crisis; rather,
the idea of aggregating came before the current crisis. According to the informant, the network
contract should not be utilized for short-term motives, such as overcoming unfavorable situations or
obtaining financial breaks (at the moment they are not interested in obtaining a rating for the
network), but rather should carry out long-term objectives such as increasing the internal
competencies of the firms involved. In addition, the network should be utilized as an instrument for
launching new initiatives and creating innovative products that other companies do not make and
not to aggregate the productive chain in logic.
Specifically, the objectives of the network contract regard: the creation of a technological
partnership with businesses, universities and advanced research centers; investment in R&D to
develop new solutions, innovations, and patents; entrance into international markets (especially the
Russian market) and the management of shared commercial relationships (the management of
external orders and the sales of patents or other intangible assets developed by members of the
network and by those ceded to ImolaFa). In particular, the commercial scope has pushed the
companies to opt for the use of the network contract over other instruments because their foreign
buyers seemed to prefer interfacing with a single interlocutor, knowing, however, that they can deal
with a single firm should a problem emerge, while consortiums can easily fail without the
participating agencies responding.
The network already enjoys a great deal of visibility (thanks to its website and its participation in a
number of trade fairs) and has added 33 new contracts. According to the informant, the visibility
has generated an increase in sales by 10-15% among its participants. Indeed, the network has
already grown its internal competency and its technological level. It is also in the process of joining
two other networks: an export consortium for the Russian market and a technological network with
the Universities of Bologna, Ferrara and Trieste.
The organization and resources of the network
The objective is to create an endowment of € 200 million to which each business participates in
accordance to its size (in terms of workforce). To begin with, € 5.000 are requested from the smaller
firms and € 10.000 from the larger ones. At the moment there are no human resources exclusively
dedicated for the network, but every business provides a certain amount of time of its personnel to
work on network activities (work that is accounted for by the network and reimbursed to the
participants). The network activities are undertaken by the nodes in a coordinated fashion, avoiding
the duplication of resources inside the various firms. The subsequent management costs are covered
by the participants according to their size.
Governance
According to the rough draft of the contract, the network will operate through a joint-stock
consortium (a legal entity and not just a cooperative arrangement, yet to be formed) that will have
the power to execute the network’s programs. It will perform any commercial, industrial, real estate,
security, and financial operations felt to be important by the network’s members to reach its
20
objectives. Every node in the network can express its own vote in the assembly of the joint-stock
consortium in proportion to the capital amount conferred and participate in the nomination to the
Board of Directors of the consortium. For particular decisions a written agreement of every
participant is required.
Today, the network is guided by a Strategic Committee formed by 4 people, and one of the nodes of
the network (AEPI) acts as head of sales towards external clients: it serves as both the contractor as
well as the coordinator of the network’s work and the manager of its bureaucracy.
For its mechanism of evaluation, a meeting with the committee is called every three weeks.
Furthermore, there are more frequent operational meetings, even daily in some cases, such that the
monitoring of network’s activities are continuous and shared.
The informant is convinced that none of the participating firms (also in virtue of their corporate
links) are interested in behaving opportunistically. In any case, rules have been added (defined in
specific para-social pacts) that establish when an external commission must be signed by the
network rather than by the single firm and how the associated work on the order is subdivided
among the participants. To deter a firm from leaving the network, the sum deposited to the
endowment will not be returned. And if an individual firm participates in a trade fair using the
brand of ImolaFa, the sales eventually obtained must be managed by the network and not by the
individual company.
7. General Findings and Discussion
7.1. Initial reflections on the use of the network contract
First, from the analysis one finds that the number of network contracts registered in Italy is still
quite small, perhaps because the greater public is not yet aware of this or perhaps because it is not
well defined under the tax profile.
These early experiences, however, do indicate that the network contract is used throughout the
entire Italian territory from North to South, by firms in every sector (including agricultural), for
coordinating the work of both large networks (with many nodes) as well as of those with only two
subjects.
A second distinctive element that emerged from the research is the territorial aspect of the network
contract. While theoretically the legislator may have intended this new legal instrument to reinforce
the system of SMEs by offering them the possibility to operate collectively outside of their
traditional districts, the data shows that the networks primarily involve firms located in the same
geographic area.
This may be explained by a lack of trust among the economic operators (a trust that with the crisis
is further diminished), who might prefer turning to local entrepreneurs with whom they already
cultivated commercial relationships or, more simply, whom they have personally met before.
Otherwise, it can be hypothesized that these entrepreneurs continue to think through the myopic
lens of the district, believing that the source of efficiency is rooted in the synergies that are created
at the territorial level (the so-called advantage of proximity), while competitive advantages can
come from other sources, such as in clusters (Porter,1998).
This second explanation should, however, be better investigated in the future, i.e. by analyzing
conversations with the entrepreneurs. In addition, such an argument should not be generalized since
there are some contracts with partial interregional relevance (44% of the 39 registered) and two
networks that involve, respectively, two foundations and a banking institute. This demonstrates that
some economic operators are aware of the advantages that derive from long-distance links and from
linkages created with different sectors and institutions.
Focusing attention on the manufacturing sector, a close reading of the contracts allows us to
highlight other important information.
21
- First, there is significant variety within the contents of the contract in terms of both strategic
objectives and activities programmed. Sometimes the instrument is used to undertake shared
activities regarding productive operations, therefore they are contracts that tend to have the
objective of providing certain cost advantages. Other times the contract regards activities of
marketing and research and design useful for carrying out objectives of quantitative and qualitative
growth. As it helps to achieve a plurality of objectives, it reveals that the legal instrument is very
flexible and as such could be put to good use by SMEs.
- Second, the accords undersigned typically have a multi-functional character, that is, they
anticipate complex forms of collaboration with more corporate functions called to participate in
diverse actions communally (Ciambotti, 1995). According to this functional classification
(Pencarelli, 1995), an analysis of the objectives and activities planned reveals that the most common
agreements are those that are aimed at activities of research and development, marketing and
production.
The first type of agreements regard the innovation of products and processes, which are undertaken
with direct investments by the participants or through access to complex projects begun by others,
for which a significant critical mass of technological and knowledge-based resources is required. In
certain cases the research is intended to create protocols and standards of quality that can be used to
obtain its own network certification. Agreements of the second type aim to create a common brand,
which is also linked to cross-selling initiatives. Finally, agreements regarding production aim to
create projects or work orders, in addition to rationalizing the network’s productive organization
when the firms come from the same production chain. Uncommon - at least not declared in
contracts - are financial accords (for example, those aimed at raising public and private financing to
be put towards carrying out network programming) and those regarding the activities of
procurement, whose lack may be explained by the presence in the Italian legal system of certain
contractual formulae specific for the provision of goods and services that can be acquired
collectively.
- Third, the analysis of the objectives declared in the contracts reveal that this instrument holds a
significant strategic value. Despite differences in the variety and the relevance of the strategies
pursued, in all of the cases analyzed, one finds that participants are searching for business growth
(in terms of new markets and greater penetration of preexisting clients) and are pursuing avenues of
qualitative development.
The fact that many of the accords undersigned regard research and development confirms that
network contracts are used to purse long-term success. This is an important sign of firms’ interest in
cultivating relationships and producing innovative knowledge. Moreover, it helps to overcome a
traditional area of weakness among Italian SMEs, who usually lack attention towards innovation.
Even the objectives and the activities planned by the SMEs observed in the three cases here confirm
this.
Public support for inter-firm collaborations, in addition to the prevision of specific tax breaks for
network contracts, could have pushed firms to aggregate themselves for more opportunistic and
short-term motives. However, financial agreements are a minority and never represent the sole
activity planned by the network. The case study analysis suggests that possible financial and fiscal
advantages represent more so a factor that can influence the type of contract preferred (i.e., the
network contract over the consortium) but not the choice of to collaborate. Although in one of the
cases analyzed (RaceBo) the owner declared openly that he perceived the network contract as an
instrument to help overcome the crisis, in none of the contracts were there explicit indications that
they were intended as a means to overcome unfavorable economic conjunctures. In addition, the
other informants argued that the constitution of the network should only be used to confront long-
term objectives such as growing skills and developing technology.
This demonstrates that the network contract functions as a means of satisfying the goal of achieving
competitive capacity building in national and international markets as well as innovation (as it has
been suggested by the legislator, moreover).
22
- Lastly, one notes the tendency to favor the exchange of information and the integration of
different skills. This is especially evident in the three case studies. Since the parties research how
the different nodes complement each other in resources or skills, it seems the entrepreneurs are
aware that complementarity and exchange of know-how are fundamental elements for producing
competitive advantages. The entrepreneurs interviewed search for exchange and the integration of
skills among companies operating in different phases of the production cycle as well as with
companies of different sectors (above all in the cases of Diconet and ImolaFa), more so than
perpetuating the fragmentation of the productive phases and of the relative knowledge that often
happens in the districts.
Nevertheless, one finds a certain difficulty in overcoming the vision of the production chain: the
units of the network tend to replicate an integrated productive cycle, and out of the three cases
examined here, only ImolaFa has said that it intends to collaborate with universities, research
organizations and commercial operators in the future. The same conclusion emerges from the
general assessment of the contracts currently in effect: these networks rarely involve agencies,
organizations, or subjects outside the sector: only in two cases collaborations with foundations and
a banking institution were found.
Therefore, it does not seem, for the moment at least, that the network contract serves as a driver for
passing from the traditional district-based logic to that of the international cluster.
7.2. Efficacy of the network contract regarding the development of the SME
Regarding the network contract’s efficacy in supporting development objectives, we have found
that some of the elements that could help guarantee the stability and smooth functioning of inter-
firm relationships over time were often not present or, if they are present, were ill-defined. The
network program does not clearly delineate the tasks of individual partners except in three contracts
out of 14 examined, network’s financial resources are often small, especially considering the variety
and complex nature of the communal projects, while the rules of operation are often approximate.
If, on the one hand, this absence can suggest that the network contract is vulnerable to
incomprehension and conflict among partners who have not clarified their roles, powers, and
obligations from the beginning, it has also the merit of attributing flexibility to the contract itself. In
fact, a less detailed contract avoids the complex and costly notarization of documents in the case of
a plan’s revision, providing freedom to the entrepreneur to behave as he sees best.
The absence of precise formal rules can be expressly willed because it favors continued reciprocal
adaption among partners and stimulates continuity of the collaboration even in the face of new
situations. In addition, formal rules could be substituted by trust, which represents an optimal way
of binding the firms together and an effective instrument of mobilization and coordination of linked
resources. The presence of an informal network from which formal ones can then be developed
justifies the generic nature of the rules and the terse indications concerning the operational
mechanisms.
It should be noted the network contract does not have a legal subjectivity: this element limits the
ways in which the network can operate as an individual subject, in which the nodes that compose it
also participate daily in communal activities, directly monitor the advancement of their projects
even though they do not feel the necessity to define a system of rules for avoiding opportunistic
behaviors on the part of the network managers or the delegate to the activities.
Even the limited amount of mutual funds may not be a limiting factor since the firms nevertheless
assume the obligation of covering current expenses. A small mutual fund could indicate that the
collaboration is still not well developed, whose financial requirements are difficult to estimate, both
in terms of expenses and in the time it would take to cover them. In this case, even, it is desirable to
avoid excessive capitalization that does not allow for access to the liquidity of the participating
23
firms. In addition, a smaller initial fund certainly is in line with the Italian small business owner’s
propensity to limit risk capital and prefer bank debt.
Our case study analysis seems to be particularly useful on this second aspect of the research: it
therefore allows us to go beyond theories of the efficacy of the contract to examine the actual
results produced by the networks. In particular, thanks to the interviews conducted, it is possible to
favorably evaluate on the results from the network contracts, even though the contracts have been at
maximum in effect for only a few year, and at minimum only a few months. In fact, in all of the
cases observed, the entrepreneurs expressed their satisfaction with what the network produced:
greater visibility, the increase in sales, the sharing and incremental success of awareness developed
through the logic of learning-by-interacting, in the implementation of rules and protocols
surrounding the work and the exchange of organizational information that produced more effective
and efficient coordination between, as well as within, agencies.
Finally, if one considers that all of the three cases selected refer to networks between small-and
medium-sized firms (on average Diconet registers 17 employees per node while ImolaFa and
RaceBo have 55 and 60 employees per node respectively), it is possible to affirm that the legal
instrument can be easily utilized by small businesses. Theoretically, contractual flexibility,
autonomy in the hands of the participants, the provision and use of a mutual fund, and the
possibility to join even only two firms together, render the network contract attractive for even the
smallest firms resistant to collaboration.
This does not signify, however, that the network contract must be utilized only by firms privy of
previous collaborative experiences: the cases analyzed here indicate that it can likewise be
employed by companies who embrace collaboration and have equity-based links.
7.3. The role of trust
In the cases examined, the pre-existence of collaborative and fiduciary relationships are an
important and discriminating element particularly when confronting the complex nature of the
network’s strategic goals and, in part, also of the organizational model adopted.
The interviews suggest that when previous collaborative experiences are not present, and there are
only weak links between the network’s nodes (i.e., owners merely know of each other), as in the
case of RaceBo, the network contract is built around more contained strategic objectives and the
distribution of work is not highly formalized. There exists only a President of the network who is
given the job of carrying out decisions made in a communal fashion. The costs are divided in a very
elementary way (per head), while the internal activities’ costs (such as hourly work in communal
activities) are not billed, nor are they repaid among the groups. Finally, the mutual fund is quite
meager.
Diconet is a bit different. It represents an intermediate situation characterized by pre-existent inter-
firm relationships over a long period of time. This network launched a more complex strategic
project, it cultivates a higher financial endowment, and, above all, while rules governing the
operation of the network are not formally spelled out in the network contract, they are nevertheless
present. Additionally, this network created an Assembly of participants and another executive
organism whose activities are evaluated in a consistent and continuous fashion.
The situation of ImolaFa is, instead, quite diverse: instead of being made up of weak links among
the owners, the network is composed of corporate bonds and has a history of many collaborative
experiences with third parties outside of the network. In this case the objectives of the network are
very challenging; they are far-sighted and look to the long-term. Its organizational model is also
more complex, such that it called for the creation of a joint-stock consortium to execute the
network’s programs. The costs of these network activities are subdivided based on the size of each
participating company, and even the internal work is accounted for (through billing) and repaid.
Though it does not provide for personnel or technical resources exclusively dedicated to the
network (none of the three cases do), the mutual fund is substantial.
24
Therefore, the organization and the resources of the network are conditioned principally by the
aggressiveness of the strategic project, in virtue of the fact that the success of the initiative depends
on the necessary coherence between strategy and structure. On the other hand, it one can also
hypothesize that the lack of previous relationships and an adequate level of reciprocal trust compels
the entrepreneurs involved to limit their exposure to risk and therefore to only fund a small
endowment.
Trust among networks represents an immensely important element: even if it is only considered (as
in the case of RaceBo), it must be present in order for the entities to collaborate.
Normally there is a correlation between the intensity of trust and the stringency of the network’s
operational rules: trust represents a mechanism of coordination and control that, when absent, is
substituted by formal rules and corporate constraints. Nevertheless, in the cases analyzed this is not
completely confirmed: the presence of formal rules do not appear to be very different and even in
the case of businesses linked by equity ties and with previous work-related experiences and strong
fiduciary relationships (ImolaFA), there are formalized rules. Similarly, the frequency and the
manner of evaluating the conduct of the executive entity by the Assembly of the network
participants, does not appear to be correlated to different levels of trust: evaluations are more
frequent (even monthly in the case of ImolaFa) the more complex the shared work is.
8. Conclusions
The results discussed in the previous section allows us to confirm that the network contract can be
utilized as a driver of qualitative development, which helps develop intangible resources (awareness
and learning) and contributes to managerial growth and aspects of management of the firms
involved in the aggregation. Also confirmed is its role as a flexible and dynamic instrument, open to
new and diverse developments on the organizational and strategic levels even though it remains
within a legal framework. In addition, the use of the network contract as an instrument to undertake
strategic objectives - both defensive/reactive and offensive/proactive - and to confront complex and
unstable environments and to reinforce competitiveness is confirmed.
At the same time, it is also possible to express a positive judgment on the efficacy of the proposed
instrument. The obligations imposed by the legislature - namely, delineating the network’s
objectives and programs, creating an organ that governs the network, and providing for a mutual
fund - definitely represents the most important elements of the network contract, without which
such collaboration would not easily function. Indeed, the entrepreneurs who used this instrument
are satisfied with the results.
The researcher need not interpret a network to be instable when the contract is less clear and the
functions of the network are less formalized. On the contrary, one could confirm the interpretation
of the network contract as an instrument of aggregation that unites pieces of informal and formal
networks, where the relations between entrepreneurs represent the base for the development of the
contract and continue to operate during the course of the network’s existence, facilitating
relationships among the participants.
Limits to the concrete efficacy of the contract may be noted, however; these are the absence of
common norms regarding the governance and function, and in the network’s lack of true legislative
subjectivity. To better qualify the network contract it is suggested that the economic operators
oblige the parties to define, in the clearest way possible, within the network contract, the rights and
needs of each participant, in addition to the procedures of distributing decision-making power and
evaluation - without however, rendering the organization too bureaucratic. The legislator should
also evaluate whether or not to allow the network to draw up direct contracts and billing statements
with its clients, considering that the results derived from the collaboration are not easily attributed
to one or more participating subjects and therefore are not able to be evaluated by the end client. So
that the network does not assume a mere commercial character (of being the first contact with a
25
client), but that it is organized in fact as a joint corporation, it is thus necessary that the legislator
requires more stringent clauses regarding the existence of a dedicated endowment, of governance
between parties, and of a single method of accounting.
26
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