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The regulatory challenge to branding: an interpretation of UK competition authority investigations 1950-2007

Ashton, John K. and Pressey, Andrew D. (2011) The regulatory challenge to branding: an interpretation of UK competition authority investigations 1950-2007. Journal of Marketing Management, 27 (9-10). pp. 1027-1058. ISSN 0267-257X

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Abstract

Branding is a necessary and important business tool. This study, however, examines whether branding can constitute an anticompetitive act. While most markets and firms do not undertake anticompetitive actions, being identified as such can result in a wide range of negative outcomes. To explore this low-frequency yet high-risk outcome, this study assesses how branding has been perceived to be anticompetitive by the UK competition authorities. This assessment is undertaken by examination of all UK competition law regulatory decisions undertaken over the period 1950–2007 by the UK competition authorities. From this assessment, it is observed that branding can facilitate excessive pricing, requires vertical restraints, and can lead to consumer confusion; all potentially anticompetitive acts. The competition regulatory decisions focused on branding issues are demonstrably different from regulatory decisions without branding concerns and involve larger, often manufacturing, firms, which operate in more concentrated markets. It is concluded that comprehension of competition law needs to be disseminated more widely amongst marketing communities and greater reference to business and marketing theory should be made by competition law agencies to assist the comprehension of marketing techniques such as branding.

Item Type: Article
Journal or Publication Title: Journal of Marketing Management
Uncontrolled Keywords: branding ; competition law ; antitrust ; content analysis ; business government interface
Subjects:
Departments: Lancaster University Management School > Marketing
ID Code: 45758
Deposited By: ep_importer_pure
Deposited On: 11 Jul 2011 19:37
Refereed?: Yes
Published?: Published
Last Modified: 09 Apr 2013 10:15
Identification Number:
URI: http://eprints.lancs.ac.uk/id/eprint/45758

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