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

Abstract

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.

The Regulatory Challenge to Branding: An Interpretation of UK Competition Authority Investigations 1950-2007

“…Ashton Roskill (1967) reported in Wilks 1999). This approach is also consistent with other assessments of competition authority cases (Ashton and Pressey 2008).…”

“…These forms of branding regulation are outside the frame of reference for this study which examines antitrust or competition law , 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).…”

Towards a typology of collusive industrial networks: Dark and shadow networks

“…Connor 2004;Ghosal and Gallo 2001;Gallo et al 2000;Lin et al 2000;Wood and Anderson 1993;Posner 1970). Although few in number, other archival assessments of illegal corporate behaviour have developed in the marketing literature, considering individual cases (Ashton and Pressey 2004), cases over a time period (Ashton and Pressey 2008), case studies (Bush and Gelb 2005;Tadajewski 2010), and the remit of competition law to practices such as relationship marketing (Fontenot and Hyman 2004).…”

“…In addition to not being cognisant of antitrust laws, some marketers may even eschew policy matters on the premise that this is an issue for lawyers and as legal considerations may not be an important aspect of marketing planning and strategy (LeClair, 2000); yet antitrust agencies are pursuing individuals as well as companies. As a result, marketers and their organizations need to be cognisant of policy issues, such as antitrust laws, in a number of jurisdictions when framing their marketing objectives (Yoffie and Kwak, 2001;Ashton and Pressey, 2008). Given this thinking, an awareness of government policies and laws in areas such as antitrust needs to be seen as a key business task.…”