Marketing in Antitrust: Contributions and Challenges

Gundlach, Gregory T.; Phillips, Joan M.

doi:10.1509/jppm.21.2.250.17579

Cited by 13 publications

(13 citation statements)

References 8 publications

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“…This examination develops the previous academic literature on marketing and competition law (Gundlach and Phillips 2002, Le Clair 2000, Bush and Gelb 2005) by extending and generalising arguments developed in the US context within a distinct national environment. Within the conclusions, the wide range of issues emerging from this study will be discussed.…”

Section: Discussionmentioning

confidence: 73%

“…The scope of government policy and law which regulates marketing activity has expanded significantly in most developed nations (Le Clair 2000, Petty 1999. Indeed, a number of US authors (Le Clair et al 1997, Gundlach and Phillips 2002, Fontenot and Hyman 2004 have recently identified that the form of US antitrust (competition) law presents a significant challenge to forms of marketing. To complement these US investigations, it is pertinent to examine other international examples, such as the UK, as perceived uncompetitive behaviour varies between nations (Aiginger et al 2001).…”

Section: Introductionmentioning

confidence: 99%

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The Regulatory Perception of the Marketing Function: An Interpretation of UK Competition Authority Investigations 1950-2005

Ashton

Pressey

2007

SSRN Journal

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This paper explores and quantifies the link between marketing and rulings on competition or antitrust law made by UK competition or antitrust authorities. This examination is timely due to both the changing form and increasing severity of competition law in the UK and the strong associations identified between marketing and antitrust law in the US literature. Through a comprehensive examination of past UK competition rulings from 1950 to 2005, the frequency and content of the principal forms of uncompetitive behaviour during the last half century are recorded. A high proportion of competition law violations are associated with the marketing function. UK competition authorities have viewed specific marketing practices and, more generally, the direction, scope and scale of marketing activity to be causes for concern. We conclude that marketers need to develop a greater awareness of competition law and contribute more to the ongoing discussion as to the present and future form of competition policy.

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Section: Discussionmentioning

confidence: 73%

Section: Introductionmentioning

confidence: 99%

The Regulatory Perception of the Marketing Function: An Interpretation of UK Competition Authority Investigations 1950-2005

Ashton

Pressey

2007

SSRN Journal

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“…For example, the actions of some tobacco companies when marketing their brands has been questioned (Liberman and Clough 2002), leading to calls for tighter control of the marketing of tobacco brands. These forms of branding regulation are outside the frame of reference for this study which examines antitrust or competition law et al 1997, Gundlach and Phillips 2002, Fontenot and Hyman 2004, Sundie et al 2008 have identified that US antitrust law presents a significant challenge to marketing practice and emphasise the benefits and problems of compliance with antitrust law (Yoffie and Kwak 2001). Limited international work has also developed assessing both individual competition law judgments and remedies Pressey 2004, Ashton andKeasey 2005) and the treatment of marketing within UK competition law judgements (Ashton and Pressey 2008).…”

Section: The Intersection Between Branding and Competition Lawmentioning

confidence: 99%

The regulatory challenge to branding: An interpretation of UK competition authority investigations 1950–2007

Ashton

Pressey

2011

Journal of Marketing Management

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This study examines if, and how, branding constitutes an anticompetitive act. These questions are assessed through an examination of UK competition cases undertaken over the period 1950-2007. From this assessment it is observed that branding can facilitate excessive pricing, requires vertical restraints, and can lead to consumer confusion. Competition cases focused on branding issues are demonstrably different from cases without branding concerns and involve larger, often manufacturing, firms, which operate in more concentrated markets. It is concluded that competition law needs to be disseminated more widely amongst business communities. This will require greater prominence for competition policy within business school syllabi and greater reference to business and management theory on the part of competition law agencies would assist the comprehension of business techniques such as branding.

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“…The scope of government policy and law which regulates marketing activity has expanded significantly in most developed nations (Le Clair, 2000;Petty 1999Petty , 2005. Indeed, a number of authors (Fontenot & Hyman, 2004;Gundlach & Phillips, 2002;Le Clair, Ferrell, & Ferrell, 1997) have recently identified that US antitrust law presents a significant challenge to forms of marketing. 2…”

Section: Potential Drawbacks To E-marketplace Participationmentioning

confidence: 99%