The Regulatory Perception of the Marketing Function: An Interpretation of UK Competition Authority Investigations 1950-2005

CCP Working Paper No. 07-1

41 Pages Posted: 21 Feb 2007

See all articles by John Kevin Ashton

John Kevin Ashton

Bangor Business School; University of East Anglia (UEA)

Andrew Pressey

University of East Anglia (UEA) - Centre for Competition Policy

Date Written: January 2007

Abstract

This paper explores and quantifies the link between marketing and rulings on competition or antitrust law made by UK competition or antitrust authorities. This examination is timely due to both the changing form and increasing severity of competition law in the UK and the strong associations identified between marketing and antitrust law in the US literature. Through a comprehensive examination of past UK competition rulings from 1950 to 2005, the frequency and content of the principal forms of uncompetitive behaviour during the last half century are recorded. A high proportion of competition law violations are associated with the marketing function. UK competition authorities have viewed specific marketing practices and, more generally, the direction, scope and scale of marketing activity to be causes for concern. We conclude that marketers need to develop a greater awareness of competition law and contribute more to the ongoing discussion as to the present and future form of competition policy.

Keywords: Marketing, marketing practices, competition law, antitrust law, anticompetitive behaviour

JEL Classification: M31, K231, L42

Suggested Citation

Ashton, John Kevin and Pressey, Andrew, The Regulatory Perception of the Marketing Function: An Interpretation of UK Competition Authority Investigations 1950-2005 (January 2007). CCP Working Paper No. 07-1, Available at SSRN: https://ssrn.com/abstract=964014 or http://dx.doi.org/10.2139/ssrn.964014

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 Pressey

University of East Anglia (UEA) - Centre for Competition Policy ( email )

UEA
Norwich Research Park
Norwich, Norfolk NR47TJ
United Kingdom

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