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

ESRC Centre for Competition Policy Working Paper No. 09-2

38 Pages Posted: 22 Jan 2009

See all articles by John Kevin Ashton

John Kevin Ashton

Bangor Business School; University of East Anglia (UEA)

Andrew D. Pressey

affiliation not provided to SSRN

Date Written: December 25, 2008

Abstract

This study examines if, and how, branding constitutes an anticompetitive act. These questions are assessed through an examination of UK competition cases undertaken over the period 1950-2007. From this assessment it is observed that branding can facilitate excessive pricing, requires vertical restraints, and can lead to consumer confusion. Competition cases focused on branding issues are demonstrably different from cases without branding concerns and involve larger, often manufacturing, firms, which operate in more concentrated markets. It is concluded that competition law needs to be disseminated more widely amongst business communities. This will require greater prominence for competition policy within business school syllabi and greater reference to business and management theory on the part of competition law agencies would assist the comprehension of business techniques such as branding.

Keywords: branding, competition law, antitrust

JEL Classification: M31, K21, L42

Suggested Citation

Ashton, John Kevin and Pressey, Andrew D., The Regulatory Challenge to Branding: An Interpretation of UK Competition Authority Investigations 1950-2007 (December 25, 2008). ESRC Centre for Competition Policy Working Paper No. 09-2, Available at SSRN: https://ssrn.com/abstract=1331407 or http://dx.doi.org/10.2139/ssrn.1331407

John Kevin Ashton (Contact Author)

Bangor Business School ( email )

Bangor Business School
College Road
Gwynedd LL57 2DG, Wales LL57 2DG
United Kingdom

University of East Anglia (UEA) ( email )

Norwich Research Park
Norwich, Norfolk NR4 7TJ
United Kingdom

Andrew D. Pressey

affiliation not provided to SSRN

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