Hewlett-Packard’s proposed buyout of Electronic Data Systems is prompting many companies to question whether now’s the time to dump HP or EDS as their technology-outsourcing vendor, says Sutherland partner Scott M. Hobby.
Whether many companies actually pull the trigger is another question, Hobby said.
HP on May 13 said it had agreed to acquire EDS for $13.9 billion, making the company the second-largest provider of computer services to corporations and governments. After the merger announcement, Pillsbury Winthrop Shaw Pittman partner Robert E. Zahler published a client alert that said that HP and EDS customers should review the change-of-control provisions in their contracts with HP and EDS to assess whether now is the time to dramatically restructure the contracts or terminate them.
Hobby, an outsourcing partner at Sutherland (formerly Sutherland Asbill & Brennan), said that while it's true companies should review the contracts, it’s extremely expensive for a company to switch technology providers.
“It’s really a big undertaking to leave your service provider, so a lot of this is more apparent than real,” Hobby said. “You’d have to be really unhappy with HP or EDS to pull this trigger.”
That won’t prevent some HP and EDS customers from, at the very least, trying to wring new concessions from their vendors. HP and EDS executives are in the midst of road shows to pitch to clients why the newly merged company will be able to provide better service than before, Hobby said. In these meetings, companies will take the opportunity to raise complaints.
“There is going to be a lot of saber-rattling when HP or EDS come calling,” Hobby said.More...