Critics also charge that companies'
marketing practices can harm other companies and reduce competition. Three
problems sire involved: acquisition of competitors, marketing practices that
create barriers to entry, and unfair competitive marketing practices. Critics
claim that firms are harmed and competition reduced when companies expand by
acquiring competitors rather than by developing their own new products. In the
car industry alone there has been a spate of acquisitions over the past decade:
General Motors bought the British sports-ear maker, Lotus; Ford acquired 75 percent of Britain's Aston Martin, which makes hand-built, high-performance cars,
and Jaguar; Fiat absorbed Ferrari; BMW has taken over the Rover Group;
Volkswagen controls Skoda." These and many large international
acquisitions in other industries, such as food, telecommunications, and
pharmaceuticals have caused concern that more arid more competitors will be
absorbed and that competition will be reduced.
The acquisition is a complex subject.
Acquisitions can sometimes be good for society. The acquiring company may gain
economies of scale that lead to lower costs and lower prices. A well-managed
company may take over a poorly managed company and improve its efficiency. An
industry that was not very competitive might become more competitive after the
acquisition. But acquisitions can also be harmful and arc therefore closely
regulated by the government. Critics have also claimed that marketing practices
bar new companies from entering an industry. The use of patents and heavy
promotion spending can tie up suppliers or dealers to keep out or drive out
competitors. People concerned with anti-trust regulation recognize that some
barriers are the natural result of the economic advantages of doing business on
a large scale. Other barriers could be challenged by existing and new laws. For
example, some critics have proposed a progressive tax on advertising spending
to reduce the role of selling costs as a substantial barrier to entry.
Finally, some firms have in fact used
unfair competitive marketing practices with the intention of hurting or
destroying other firms. They may set their prices below costs, threaten to cut
off business with suppliers, or discourage the buying of a competitor's
products. Various laws work to prevent such predatory competition. It is
difficult, however, to prove that the intent or action was really predatory.
When Laker Airlines first attacked British Airways' most profitable routes, the
latter delayed its counterattack. Laker began to borrow huge sums of money to
expand its fleet. It was laden with vast debt and interest obligations on its
huge dollar loans when the American dollar appreciated against other
currencies. British Airways then aggressively cut prices on Laker's most
lucrative routes, restoring these to normal levels only after driving Laker
into bankruptcy and out of the competitive arena altogether.'1 The question is
whether this was an unfair competition or the healthy competition of a more
efficient carrier against the less efficient,Citizen and Public Actions to Regulate
MarketingBecause some people view business as the
cause of many economic and social ills, grassroots movements have arisen from
time to time to keep business in line. The two main movements have been
consumerism and environmentalist!!.Consumerism
Western
business firms have been the targets of organized consumer movements on three
occasions. Consumerism has its origins in the United States. The first consumer
movement took place in the early 190(>s. It was fuelled by rising prices,
Upton Sinclair's writings on conditions in the meat industry, and scandals in
the drug industry. The second consumer movement, in the mid-1930s, was sparked
by an upturn in consumer prices during the Great Depression and another drug
scandal. The third movement began in the 1960s, Consumers had become better
educated, products had become more complex and hazardous, and people were unhappy
with American institutions. Ralph Nader appeared on the scene in the 1960s to
force many issues, and other well-known writers accused the big business of
wasteful and unethical practices.
President
John F. Kennedy declared that consumers have the right to safety and to be
informed, to choose, and to be heard. American Congress investigated certain
industries and proposed consumer protection legislation. Since then, many
consumer groups have been organized and several consumer laws have been passed.
The consumer movement has spread internationally and has become very strong in
Europe.10 But what is the consumer movement? Consumerism is an organized
movement of citizens and government agencies to improve the rights and power of
buyers in relation to sellers. Traditional sellers' rights include the
following: • The
right to introduce any product in any size and style provided it is not
hazardous to personal health or safety; or, if it is, to include proper
warnings and controls. • The
right to charge any price for the product provided no discrimination exists
among similar kinds of buyers. • The
right to spend any amount to promote the product provided it is not defined as
unfair competition. • The
right to use any product message provided it is not misleading or dishonest in
content or execution. • The
right to use any buying incentive schemes, provided they are not unfair or
misleading. Traditional buyers' rights include the following: • The
right not to buy a product that is offered for sale. • The
right to expect the product to be safe. • The
right to expect the product to perform as claimed. Comparing these rights, many
believe that the balance of power lies on the sellers' side. True, the buyer
can refuse to buy. But critics feel that the buyer has too little information,
education, and protection to make wise decisions when facing sophisticated
sellers. Consumer advocates call for the following additional consumer rights: • The
right to be well informed about important aspects of the die product. • The
right to be protected against questionable products and marketing practices. • The
right to influence products and marketing practices in ways that will improve
the 'quality of life. Each proposed right has led to more specific proposals
by consumerists.
The right
to be informed includes the right to know the true interest on a loan (truth in
lending), the true cost per unit of a brand (unit pricing), the ingredients in
a product (ingredient labeling), the nutrition in foods (nutritional
labeling), product freshness (open dating), and the true benefits of a product
(Truth in advertising). Proposals related to consumer protection include
strengthening consumer rights in cases of business fraud, requiring greater
product safety, and giving more power to government agencies. Proposals relating
to the quality of life include controlling the ingredients that go into certain
products (detergents) and packaging (soft-drink containers), reducing the level
of advertising 'noise', and putting consumer representatives on company boards
to protect consumer interests. Consumers have not only the right but also the
responsibility to protect themselves instead of leaving this function to
someone else. Consumers who believe chat they got a bad deal to have several
remedies available, including writing to the company heads or to the media;
contacting government or private consumer-interest/protection initiatives or
agencies, and going to small-claims courts.Environmentalism
Whereas
txmsumeriscs consider whether the marketing system is efficiently serving the consumer wants, environmentalists are concerned with marketing's effects on the
environment and the costs of serving consumer needs and wants. They are
concerned with damage to the ecosystem caused by strip mining, forest
depletion, acid rain, loss of the atmosphere's ozone layer, toxic wastes and
litter. They are also concerned with the loss of recreational areas and with
the increase in health problems caused by bad air, polluted water, and chemically
treated food. These concerns are the basis for environmentalism - an organized
movement of concerned citizens and government agencies to protect and improve
people's living environment. Environmentalists are not against marketing and
consumption; they simply want people and organizations to operate with more
care for the environment, not to maximize consumption, consumer choice or
consumer satisfaction, but rather to maximize life quality.
'Life
quality' means not only the quantity and quality of consumer goods and
services but also the quality of the environment. Environmentalists want
environmental costs to be included in both producer and consumer decision-making. Environmentalism has hit some industries hard. Heavy industry, public
utilities, and chemical and steel companies have to spend heavily on clean-up
technology, waste management, and other pollution-control equipment. The car
industry has had to introduce expensive emission controls in cars. In some
countries, governments have introduced tough regulations on car makers to deal
with environmental problems, as in the case of Germany, where the Environment
Ministry has threatened the car industry that it would force through laws to
create a car recycling system."The packaging industry has had to find ways
to reduce waste and energy consumption (see Marketing Highlight 2.3). The
petroleum industry has had to create new low-lead and unleaded patrols. These
industries often resent environmental regulations, especially when they are
imposed too rapidly to allow companies to make proper adjustments. These
companies have absorbed large costs that they pass on to buyers. In the
twenty-first century, environmentalism will create special challenges for
global markets. As international trade barriers come down and global markets
expand, environmental issues will continue to have an ever greater impact on
international trade. Countries in North America, Western Europe, and other
developed regions are developing stringent environmental standards. In the United
States, for example, more regulation is on the way. A side accord to the North
American Free Trade Agreement (NAFTA) sets up a commission for resolving
environmental matters. A raft of directives on environmental issues is continuing
to make its way through the European Commission, with the European Union's
Eco-Management and Audit Regulation providing guidelines for environmental
self-regulation. Marketers'
lives will become more complicated. They must raise prices to cover environmental
costs, knowing that the product will be harder to sell. Yet environmental
issues have become so important in our society that there is no turning back to
the time when few managers worried about the effects of product and marketing
decisions on environmental quality.12 However, environmental policies still
vary widely from country to country, and uniform worldwide standards are not
expected for another 15 years or more.13 Although countries such as Denmark,
Germany, Japan, and the United States have fully developed environmental
policies and high public expectations, major countries such as China. India,
Brazil, and Russia are in only the early stages of developing sueli policies.
Moreover, environmental factors that motivate consumers in one country may have
no impact on consumers in another. For example, PVC soft-drink bottles cannot
be used in Switzerland or Germany.
However, they are preferred in France, which
has an extensive recycling process for them. Thus, international companies are
finding it difficult to develop standard environmental practices that work
around the world. Instead, they are creating general policies and then
translating these policies into tailored programs that meet local regulations
and expectations. The 1990s have often been viewed as the earth Decade', in win
eh protection of the natural environment has been the most important issue
facing people around the world. Companies have responded with 'green marketing'
- developing ecologically safer products, recyclable and biodegradable
packaging, better pollution controls, and more energy-efficient operations. It
is essential to recognize that environmental marketing is part of overall
environment management and should not be treated in isolation. Sound practice
in 'green marketing' calls tor the following:
• A
comprehensive assessment of the company's current environmental performance. • A
genuine commitment to monitoring, auditing, reporting, and measuring
improvements in performance. •
Development of an achievable environment policy with clear goals and an action
program. •
Monitoring the evolution of the green agenda (don't become out of date as the
laws are constantly changing). •
Investment in staff training and education, environmental science, and
technology. • Consumer
assistance and education programs to increase consumers' environmental
responsibility through information provision, product takeback services, and
helplines. • Supplier
education programs, • Building
coalitions or bridges between the various interests. •
Contribution to environmental programs. • Greater
adherence to marketing values: selling benefits, not products, and preservation
of corporate, not just product, values
Public
Actions to Regulate MarketingCitizen
concerns about marketing practices will usually lead to public attention and
legislative proposals. New bills will be debated - many will be defeated,
others will be modified and a few will become workable laws. Figure 2.1
illustrates the principal legal issues facing marketing management. Individual
country laws exist which affect marketing. The task is to translate these. Think your friends would be interested? Share
this story!
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