This study quantifies the link between marketing and rulings on competition or antitrust law made by U.K. competition authorities. To determine whether differences in competition systems influence how marketing actions are interpreted by a European Union competition agency, the authors conduct a comprehensive examination of U.K. competition rulings from 1950 to 2005. Business activities judged to be permissible in the United States and anticompetitive acts in the United Kingdom and European Union occur frequently and are closely linked to marketing behaviors in U.K. competition investigations. The authors conclude that marketers in international firms need to develop a greater awareness of different national competition law systems and to contribute more to the ongoing discussion about the present and future form of competition policy.
AigingerKarl, McCabeMark, DennisC. Meueller, and WeissChristoph (2001), “Do American and European Industrial Organization Economists Differ?”Review of Industrial Organization, 19 (December), 283–405.
AshtonJohn K., and AndrewD. Pressey (2004), “The Regulatory Challenge to Relationship Marketing in UK Banking,”International Journal of Bank Marketing, 22 (6), 453–64.
ConnorJohn M. (2004), “Global Antitrust Prosecutions of Modern International Cartels,”Journal of Industry, Competition and Trade, 4 (September), 239–67.
11.
DaviesStephen W., NigelL. Driffield, and ClarkeRoger (1999), “Monopoly in the UK: What Determines Whether the MMC Finds Against the Investigated Firms?”Journal of Industrial Economics, 47 (September), 263–83.
12.
DayGeorge S. (2000), “Managing Market Relationships,”Journal of the Academy of Marketing Science, 28 (January), 24–30.
13.
DixitAshutosh, GreogoryT. Gundlach, NareshK. Malhotra, and FredC. Allvinered (2006), “Aggressive and Predatory Pricing: Insights and Empirical Examination in the Airline Industry,”Journal of Public Policy & Marketing, 25 (Fall), 172–87.
14.
DjelicMarie-Laure (2002), “Does Europe Mean Americanization? The Case of Competition,”Competition and Change, 6 (September), 223–50.
15.
DolanRobert J. (1987), “Quantity Discounts: Managerial Issues and Research Opportunities,”Marketing Science, 6 (Winter), 1–22.
16.
The Enterprise Act (2002), Chap. 40. London: HMSO.
17.
FoerAlbert A. (2003), “The Third Leg of the Antitrust Stool: What the Business Schools Have to Offer to Antitrust,”New York Law School Law Review, 47 (Spring), 21–49.
18.
FontenotRenée J., and MichaelR. Hyman (2004), “The Antitrust Implications of Relationship Marketing,”Journal of Business Research, 57 (November), 1211–21.
19.
FoxEleanor M. (1997), “Towards World Antitrust and Market Access,”American Journal of International Law, 91 (January), 1–25.
20.
GalloJoseph C., Dau-SchmidtKenneth, JosephL. Craycraft, and CharlesJ. Parker (2000), “Department of Justice Antitrust Enforcement, 1955-1997: An Empirical Study,”Review of Industrial Organization, 17 (August), 75–133.
21.
GhosalVivek, and GalloJoseph (2001), “The Cyclical Behaviour of the Department of Justice's Antitrust Enforcement Activity,”International Journal of Industrial Organization, 19 (January), 27–54.
22.
GoodDavid J., and KennethR. Evans (2001), “Relationship Unrest: A Strategic Perspective for Business-to-Business Marketers,”European Journal of Marketing, 35 (5-6), 549–65.
23.
GundlachGregory T., and JoanM. Phillips (2002), “Marketing in Antitrust: Contributions and Challenges,”Journal of Public Policy & Marketing, 21 (Fall), 250–53.
24.
HowardJ.A. (1950), “New British Law on Monopoly,”Journal of Marketing, 14 (January), 590–94.
25.
HoweMartin (1979), “Pickering on Recommended Prices: A Comment on His Paper,”Journal of Consumer Policy, 3 (March), 81–85.
26.
HyltonKeith N., and DengFei (2007), “Antitrust Around the World: An Empirical Analysis of the Scope of Competition Laws and Their Effects,”Antitrust Law Journal, 74 (2), 271–341.
27.
KrippendorffKlaus (1980), Content Analysis: An Introduction to Its Methodology.Beverly Hills, CA: Sage Publications.
28.
LafontaineFrancine, and SladeMargaret (2005), “Exclusive Contracts and Vertical Restraints: Empirical Evidence and Public Policy,” paper presented the Advances in the Economics of Competition Law conference, Rome (June).
29.
LeClairDebbie Thorne (2000), “Marketing Planning and the Policy Environment in the European Union,”International Marketing Review, 17 (3), 193–215.
30.
LeClairO.C. Ferrell, and FerrellLinda (1997), “Federal Sentencing Guidelines for Organizations: Legal, Ethical, and Public Policy Issues for International Marketing,”Journal of Public Policy & Marketing, 16 (Spring), 26–37.
31.
LinPing, RajBaldev, SandfortMichael, and SlottjeDaniel (2000), “The US Antitrust System and Recent Trends in Antitrust Enforcement,”Journal of Economic Surveys, 14 (July), 255–306.
32.
LovelockChristopher J. (1991), Services Marketing.Upper Saddle River, NJ: Prentice Hall.
33.
MaherImelda (2000), “Re-imaging the Story of European Competition Law,”Oxford Journal of Legal Studies, 20 (Spring), 155–66.
34.
Monopolies and Mergers Act (1965), Chap. 50. London: HMSO.
35.
Monopolies and Mergers Commission (1995), “Video Games: A Report on the Supply of Video Games in the UK,” Cm 2781. London: HMSO.
36.
Monopolies and Mergers Commission (1997), “Foreign Package Holidays: A Report on the Supply in the UK of Tour Operators’ Services and Travel Agents’ Services in Relation to Foreign Package Holidays,” Cm 3813. London: HMSO.
37.
Monopolies and Restrictive Practices Commission (1950), “Report on the Supply of Dental Goods,” HC 18 1950-51. London: HMSO.
38.
Monopolies and Restrictive Practices Commission (1956a), “Report on the Supply of Hard Fibre Cordage,” HC 294, 1955-56. London: HMSO.
39.
Monopolies and Restrictive Practices Commission (1956b), “Report on the Supply of Linoleum,” HC 366, 1955-56. London: HMS.
40.
Monopolies and Restrictive Practices Commission (1981), “Liquefield Petroleum Gas: A Report on the Supply in the United Kingdom of Liquefield Petroleum Gas in Containers of Not More Than 50 Kilograms Capacity and Not Less Than 150 Grams Capacity,” HC 147, 1980-81. London: HMSO.
41.
Monopolies and Restrictive Practices Commission (1989), “Black & Decker: A Report on the Course of Conduct Pursued by Black & Decker in Relation to the Supply of Power Tools and Portable Work-Benches Intended for Domestic Use,” Cmnd 805. London: HMSO.
42.
Monopolies and Restrictive Practices Commission (1993), “Fine Fragrances: A Report on the Supply in the UK for Retail Sale of Fine Fragrances,” Cmnd 2380. London: HMSO.
43.
Monopolies and Restrictive Practices (Inquiry and Control) Act (1948), Chap. 66. London: HMSO.
44.
The Monopolies Commission (1973), “Breakfast Cereals: A Report on the Supply of Ready Cooked Breakfast Cereal Foods,” HC 2, 1972-73. London: HMSO.
45.
MottaMassimo, and de StreelAlexandre (2003), “Exploitative and Exclusionary Excessive Prices in EU Law,” paper presented at the Eighth Annual European Union Competition Workshop, Florence (June).
46.
NevenD.J. (2006), “Competition Economics and Antitrust in Europe,”Economic Policy, 48 (October), 742–90.
47.
Office of Fair Trading, (2004), Assessment of Conduct. Draft Competition Law Guidelines for Consultation.London: Office of Fair Trading.
48.
Office of Fair Trading, (2005), Competing Fairly. An Introduction to the Laws on Anti-Competitive Behaviour.London: Office of Fair Trading.
49.
PettyRoss D. (1999), “Editor's Introduction: The What and Why of Marketing Law,”American Business Law Journal, 36 (Winter), 239–54.
50.
PettyRoss D. (2005), “Societal Regulation of the Marketing Function: Does the Patchwork Create a Quilt?”Journal of Public Policy & Marketing, 24 (Spring), 63–74.
51.
PosnerRichard A. (1970), “A Statistical Study of Antitrust Enforcement,”Journal of Law and Economics, 13 (October), 365–419.
52.
RaoAshok (1980), “Quantity Discounts in Today's Markets,”Journal of Marketing, 44 (Fall), 44–51.
53.
ShethJagdish N., and SharmaArun (1997), “Supplier Relationships: Emerging Issues and Challenges,”Industrial Marketing Management, 26 (March), 91–100.
54.
StuyckJules (2005), “EC Competition Law After Modernisation: More Than Ever in the Interest of Consumers,”Journal of Consumer Policy, 28 (March), 1–30.
55.
TarulloDaniel K. (2000), “Norms and Institutions in Global Competition Policy,”American Journal of International Law, 94 (July), 478–504.
56.
VickersJohn (2005), “Abuse of Market Power,”Economic Journal, 115 (June), F244–F261.
57.
WallerSpencer W. (1997), “The Internationalization of Antitrust Enforcement,”Boston University Law Review, 77 (April), 343–97.
58.
WallerSpencer W. (2003), “The Use of Business Theory in Antitrust Litigation,”New York Law School Law Review, 47 (Spring), 119–29.
59.
WeirCharlie (1992), “Monopolies and Mergers Commission, Merger Reports and the Public Interest: A Probit Analysis,”Applied Economics, 24 (January), 27–35.
60.
WeirCharlie (1993), “Merger Policy and Competition: An Analysis of the Monopolies and Mergers Commission's Decisions,”Applied Economics, 25 (January), 57–67.
61.
WilkieWilliam L., and ElizabethS. Moore (1999), “Marketing's Contribution to Society,”Journal of Marketing, 63 (Special Issue), 198–218.
62.
WoodB. Dan, and JamesE. Anderson (1993), “The Politics of U.S. Antitrust Regulation,”American Journal of Political Science, 37 (February), 1–39.
