TY - JOUR

T1 - The regulatory challenge to branding: an interpretation of UK competition authority investigations 1950-2007

AU - Ashton, John K.

AU - Pressey, Andrew D.

PY - 2011

Y1 - 2011

N2 - 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.

AB - 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.

KW - branding

KW - competition law

KW - antitrust

KW - content analysis

KW - business government interface

U2 - 10.1080/0267257X.2011.558386

DO - 10.1080/0267257X.2011.558386

M3 - Journal article

VL - 27

SP - 1027

EP - 1058

JO - Journal of Marketing Management

JF - Journal of Marketing Management

SN - 0267-257X

IS - 9-10

ER -