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Contents Chapter 5

Chapter 5

Who Can Set the Terms

Separate where production happens from who owns, buys and governs it, then ask which alternatives make bargaining power real.

By Kevin L. Michel10 minute read

A country can have a valuable mineral and still face a buyer with more room to wait.

That is an uncomfortable place to begin a negotiation. The country may need revenue soon. The company may already have invested in exploration. Local people may be waiting for work. Across the table, a buyer may have several possible projects, a stock of material or a design that can use less of it.

The deposit matters. So does the ability to choose another course.

This is why bargaining power should be examined as a set of practical options. The person who can reject an offer without facing immediate ruin has a different position from the person who cannot. A resource can strengthen that position, but only within the rest of the relationship.

The same principle applies further down the chain. A refinery with scarce skills and accepted output may have leverage even when it owns no mine. A manufacturer with several qualified sources may bargain more strongly than one with a single source. A community with enforceable rights and independent advice has a different voice from one asked to trust a presentation it cannot examine.

These are not identical kinds of power. The work is to see which kind is present, and what it can actually do.

Read the map without giving it a personality

Our copper comparison found a much larger share of refinery output in China than its share of mine output. That describes a pattern of production. It does not tell us the motives of every company or official involved.

We tested the pattern more broadly by calculating a country-concentration measure from the USGS rows. The measure gives more weight to large country shares. Because the source combines some countries into an Other category, we calculated a range rather than pretending to know each hidden share. The refinery range remained above the mining range even under the most generous split of the undisclosed countries.1

The result supports a clear, limited conclusion: estimated copper refinery production was more geographically concentrated than mine production in these 2025 data. It does not establish a single company’s monopoly, a legal competition violation or a plan to interrupt supply.

Nor is it a universal claim about every mineral. Each commodity, stage and year needs its own evidence. The IEA’s 2026 outlook, for example, identifies rare-earth refining as an exception to the wider rise in concentration it observed in 2025.2

A map is useful because geography can create shared exposure. Operations in one area may be affected by the same natural event, public policy or infrastructure failure. But different causes require different responses. Preparing for a flood is not the same task as preparing for an export restriction. A second plant across a border may still depend on the same equipment supplier or processing step.

If the map makes us ask about those common dependencies, it has helped. If it makes us imagine that everyone inside a colored border acts as one person, it has led us away from analysis.

There is a further reason to be careful. Production shares can reflect years of investment, skills and customer relationships. Treating an established supplier’s capability as merely an unfair accident can make competitors underestimate the work needed to match it. At the same time, acknowledging that capability does not require accepting every term offered by the supplier.

We can learn from an advantage while building alternatives to it.

Four questions before using the word control

First, who owns the business? Ownership can carry rights to profits, decisions and the appointment of managers. The details depend on the shares and agreements. A plant’s location does not answer that question.

Second, who owns the material? As we saw with toll refining, a processor may handle material it does not own. A buyer may already have rights to future output. The name above the gate may tell us less than the contract.

Third, who can change the rules under which the business operates? A government may have authority over permits, environmental duties, taxation and trade. Its practical room to act is shaped by law, agreements, institutions and the consequences of its choices. We should not assume that a power written on paper is costless to use.

Fourth, who can do the work? A right to a product is less helpful if the holder cannot produce, test or use it. Technical capability can make a formal right effective. Its absence can leave an owner dependent on someone else’s judgment.

These questions overlap without collapsing into one. A public shareholding can coexist with limited operational knowledge. A foreign-owned plant can employ local experts who make it run. A domestic seller can depend on an overseas input. A contract can give a buyer substantial influence without transferring ownership of the mine.

To understand a particular case, we need the relevant documents and facts. We should resist turning a general possibility into an accusation. A complex ownership structure may deserve scrutiny, but complexity alone does not establish wrongdoing. A long contract may support a useful investment rather than trap the seller. The terms and alternatives decide the matter.

This is a demanding way to read the world. It is also more respectful of the reader than a single score claiming to measure national control of an entire chain.

The customer can become part of the financing

A new producer often needs more than a buyer willing to make a purchase today. It needs enough confidence about future sales to raise money.

An offtake agreement is a commitment concerning the purchase of output. It can help connect the producer’s financing needs with the buyer’s need for supply. The exact obligations vary. Quantity, quality, price, timing and the consequences of failure all matter.

Imagine a proposed processing plant with a credible technical plan but no committed customer. A long-term purchase agreement could make the project easier to finance. That can benefit both sides. The buyer gains a source, while the producer gains a path from a plan to an operating business.

Now consider the price formula. If it leaves the producer with all the risk of rising costs and little benefit from a stronger market, the security gained may come at a high price. If it leaves the buyer paying for material it cannot use, the buyer faces a different risk. A good agreement has to confront the uncertainty rather than conceal it in a reassuring label.

There may also be limits on selling to other customers. Those limits can be justified by the buyer’s investment or commitment. They can also reduce the producer’s later options. Neither conclusion follows from the word offtake alone.

For a government supporting the project, this is essential reading. Public money might help create a plant whose output is already committed elsewhere. That could still serve a valid public purpose through wages, taxes or learning. But if the stated purpose was emergency domestic access, the government should check whether the agreement actually provides it.

A promise about physical production and a promise about access are different promises. They should not be allowed to substitute for one another in a public announcement.

The same care is needed when a buyer supplies finance, equipment or technical help. The package may solve several problems at once. It may also leave the producer with fewer choices later. A negotiator should examine the package as a whole, including what happens if the relationship ends.

Build the option before you need to use it

People sometimes describe bargaining as a matter of being forceful at the table. Preparation often matters more.

A producer that has tested another processing route has an option that a producer with a hopeful idea does not. A government with independent cost and geological advice can examine a proposal more closely. A local supplier with several customers can refuse an order that would put it at risk. A community with access to reliable information can challenge a claim before damage is done.

Those options take resources. The weaker party may be asked to decide quickly precisely when it has the least information. Time pressure can turn a possible advantage into a concession.

For a small administration, the answer may be selective preparation rather than trying to duplicate every skill of a multinational company. It needs to know which decisions carry the greatest long-term consequences. It can seek independent advice on those decisions, share some expertise with other countries and retain the records so knowledge does not leave with a single official.

Shared expertise should still serve a clear public mandate. An outside adviser can help interpret a contract; the adviser should not quietly decide the country’s priorities. Technical advice informs the choice. It does not remove the responsibility to choose.

Another useful option is a staged commitment. A project can sometimes move through defined tests before the next large obligation begins. The country learns more before giving up more. The investor gains a clear route if the conditions are met.

This will not suit every project, and a sequence designed badly can create delay without learning. The test is whether each stage resolves an important uncertainty. Repeating the same review under a different title only spends time.

Preparation also includes knowing when a proposal does not fit. A deposit may be valuable while a particular processing plan is too expensive. A partner may offer finance on terms that undermine the intended public benefit. Refusing that arrangement need not mean refusing development forever. It can mean keeping room for a better one.

The ability to wait is unevenly distributed, which is why countries need financial and institutional support that does not force every long-term choice into the next budget crisis.

Trade can widen the bargain

The desire for security can easily become a desire to make everything at home. For most places, that would be costly and incomplete. Even a large industrial economy relies on knowledge, equipment and inputs from elsewhere.

A more practical ambition is to make dependence less brittle and more reciprocal. A supplier wants customers who will pay and keep buying. A buyer wants quality and reliable delivery. Each side can benefit from making the other more capable, provided the arrangement leaves room for fair terms and reasonable alternatives.

This is especially important for producer countries. A strategy designed entirely around the buyer’s security can ask the producer to guarantee supply while leaving it with little learning or value. Calling the relationship a partnership does not settle that imbalance.

A stronger partnership would examine what each side needs to build. The producer may need laboratories, training, better project information or access to customers beyond one buyer. The buyer may need dependable quality and evidence that public support will be used well. These needs can become practical commitments rather than broad expressions of goodwill.

Regional cooperation can help where no single country has the scale or resources for every stage. Shared testing, training or infrastructure may create options that separate national projects cannot. But cooperation has its own terms: who pays, who gets access, where the facility sits and how disputes are handled. A regional label is not a substitute for those answers.

The point is not to remove competition. Competition can make suppliers improve and buyers offer better terms. The point is to keep cooperation from becoming permanent dependence for one side, and to keep rivalry from destroying gains both sides could share.

There is room between accepting every existing arrangement and imagining a world without cross-border trade. Much of the useful work lies there.

Keep the power to change the product

There is one more party at the bargaining table, even when it has not arrived yet: the next design.

A buyer that can reduce its need for a material has an outside option. A producer that can serve more than one use has one too. Recycling can add another source. Repair can reduce replacement demand. None of these changes makes bargaining disappear. Each can alter who has choices and how soon those choices become available.

This is why a resource-owning country should be careful about treating today’s demand as permanent. It should seek fair value from the opportunity in front of it while using the gains to build abilities that will remain valuable under different futures. A narrow dependence on one buyer or one application can weaken the apparent strength of a rich deposit.

The buyer should be careful too. Declaring that substitution will solve everything can be a way to avoid investing in a real alternative. A new design has to work, and someone must pay for its development and qualification. Until then, the existing need remains.

The practical task is to build choice on both sides of the market. More capable producers can negotiate better. More adaptable users can withstand disruption. Better public institutions can ensure that the gains do not disappear before reaching the people who made the project possible.

Bargaining power is most valuable when it becomes a means to a better agreement. Holding the ability to say no matters. So does having something worthwhile to say yes to.

We now turn to two ways the material chain itself can change: using what has already been made, and redesigning what we need next.

Sources and limits

Footnotes

  1. Original calculation from the country rows in USGS Mineral Commodity Summaries 2026, copper sheet, estimated 2025 output. Country-row totals are normalized separately for mining and refining, unlike chapter 3’s shares of rounded published world totals. The sum of squared percentage shares, known as HHI, lies between about 1,036 and 1,206 for mining and 2,537 and 2,589 for refining as the Other category is split or concentrated. The lower bound permits an arbitrarily fine split of Other; it does not estimate the actual hidden countries. Bounds are conditional on rounded rows, not statistical confidence intervals. This is country concentration, not company market concentration or an antitrust finding. ↩

  2. IEA, Global Critical Minerals Outlook 2026, executive summary. The rare-earth exception concerns its reported 2025 refining trend, not all rare-earth stages or ownership. ↩