Time to Do the Job Properly—The Case for a New Approach to EU Consumer Legislation

Following 25 years of legislative activity in the field of consumer law, the EU has proposed major reforms to the consumer law acquis. Existing legislation is largely based on directives harmonizing aspects of national consumer laws. This paper argues that a more appropriate approach for EU consumer law would be legislation in the form of a regulation which is applicable to cross-border transactions only. This argument will consider the constitutional constraints of the EU Treaties, before examining the case for a cross-border-only measure. It will be argued that the cross-border approach is preferable, because it would provide clearer benefits for consumers seeking to buy goods/services across borders, while not upsetting domestic law unnecessarily, in particular in the context of e-commerce.     

Consumer Class Actions: Are They a Solution for Enforcing Consumer Rights? The Israeli Model

Class actions were introduced into the Israeli legal system in order to overcome the difficulties in the enforcement of consumer laws. Despite extensive consumer legislation during the 1980s, consumer laws were not enforced until the mid 1990s. Only since the incorporation of class action procedures in the Consumer Protection Law in 1994 have consumer actions become more common. The introduction of class actions under the Consumer Protection Law (CPL) led to a revival of consumer protection law. As a result, legal discourse in the field of consumer law has completely changed. Nonetheless, even after 1994 more than 90% of class action applications were dismissed at the early stages. This paper analyses the reasons for the poor results of this procedure, and suggests reform by amending the CPL. The conclusion presented in this paper is that consumer class actions have great potential, but that their correct implementation depends on a better understanding of the purpose of consumer legislation.     

Multinational risk and performance outcomes: Effects of knowledge intensity and industry context

A multinational presence can diversify corporate business activities and provide access to diverse overseas resources. This can enhance operational flexibility and create new business propositions that increase responsiveness to global market changes. Establishing an international corporate structure may also require irreversible investments and impose maintenance and processing costs that contravene the implied resilience and agility benefits. We distinguish between downside risk and upside potential as the relevant outcome measures to assess the implied advantages of multinationality. Consistent with the rationales of the OLI paradigm, we argue that multinational reach particularly in knowledge-based industries can reduce downside risk and enhance upside potential. These results introduce more nuances to the ongoing debate about multinational risk and performance effects. Based on a large cross-sectional dataset, we find that flexibility and responsiveness thrives on a multinational presence among firms operating in information-driven knowledge businesses. In contrast, internationalizing firms in capital-based network services display adverse risk effects.     

CONSUMER PROTECTION,CONSUMERS AND BUSINESS

This paper is based on a speech given to an OYEZ-IBC Conference in London on 10 November 1979. It argues that U.K. consumers and business generally have benefited from recent changes in the law. The ‘backlash’ against consumer protection legislation by some elements in business is wholly misguided.     

All That Glitters is Not Gold: Digging Beneath the Surface of Data Mining

This article develops a more comprehensive understanding of data mining by examining the application of this technology in the marketplace. In addition to exploring the technological issues that arise from the use of these applications, we address some of the social concerns that are too often ignored.As more firms shift more of their business activities to the Web, increasingly more information about consumers and potential customers is being captured in Web server logs. Sophisticated analytic and data mining software tools enable firms to use the data contained in these logs to develop and implement a complex relationship management strategy. Although this new trend in marketing strategy is based on the old idea of relating to customers as individuals, customer relationship management actually rests on segmenting consumers into groups based on profiles developed through a firm's data mining activities. Individuals whose profiles suggest that they are likely to provide a high lifetime value to the firm are served content that will vary from that which is served to consumers with less attractive profiles.Social costs may be imposed on society when objectively rational business decisions involving data mining and consumer profiles are made. The ensuing discussion examines the ways in which data mining and the use of consumer profiles may exclude classes of consumers from full participation in the marketplace, and may limit their access to information essential to their full participation as citizens in the public sphere. We suggest more ethically sensitive alternatives to the unfettered use of data mining.     

An Argument Against Abridging Consumer Right of Bankruptcy

As our economy now operates, consumer credit is an essential ingredient in the mass merchandising of goods and services, credit sources and users share a joint responsibility in orginating credit and both share in its beneficial effects. Thsoe had debt losses which occur are small relative to sales and are absorbed by consumers who pay in full. In this mileu, abridging the right of bankruptcy would provide negligible benefits to consumers as a whole and to the economy. It would create serious inequity between (1) consumers who avoid debt through procrastination and those who avoid it through bankruptcy and (2) consumers and business firms. The first inequity would be accentuated by present differences in state laws governing debt collection. It would still exist, however, if all states had a uniform collection law. Consumer right to bankruptcy is a needed safety-value in our credit-oriented economy.     

Implications of parent brand inertia for multiproduct pricing

This paper explores and quantifies the importance of parent brand state dependence to forward looking pricing outcomes in the area of umbrella branding and multi-product firms. We show through numerical simulations that loyalty (inertia) to the parent brand can decrease prices and reduce profits, as well as mitigate or even reverse the benefits of joint profit maximization relative to sub-brand profit maximization. These effects are mediated by brand asymmetries and the relative magnitude of sub-brand state dependence effects. Empirically, we focus on the Yogurt category, where we consider parent brands with several sub-brands. Using household level scanner data, we estimate the parameters that characterize consumer demand while flexibly accounting for consumer heterogeneity. We also estimate unobserved product costs based on a forward looking price setting game. Through counterfactual analysis, we study the overall effect of parent brand state dependence on prices and profits, as well as the empirical impact of joint profit maximization and changes in firms’ beliefs regarding consumer inertia. Our findings have implications for markets where demand is likely characterized by parent brand dynamics.     

Dissemination of Consumer Law and Policy in South Africa

This article considers to what extent some important areas of South African consumer law have been influenced by the laws of international bodies, other countries or regional bodies or, in turn, influenced other laws in Southern Africa and beyond. It focuses on rules on product safety, product liability, remedies for defective quality of goods, some basic rules on unfair commercial practices and various aspects of consumer law relating to the use of mobile phones by South African consumers. The main piece of legislation considered is the Consumer Protection Act 68 of 2008 (“CPA”), which came into force in 2011. The article considers whether aspects of this legislation were influenced by the EC Product Safety Directive, EC Product Liability Directive, EC Consumer Sales Directive, EC Unfair Commercial Practices Directive and EC Directive on Misleading and Comparative Marketing. It shows how the relevant provisions of the CPA influenced the laws of some African countries. The article also considers various issues faced by consumers in the mobile phone sector, including defective handsets, defective services, the high cost of mobile calls and data, the lapsing of “unused” data after short periods, data “disappearing” faster than expected, unfair contract terms, unsolicited marketing and the complexity of mobile phone contracts, which leads consumers to overestimate or underestimate their future usage, therefore paying too much because they are on an ill-suited plan. Conclusion of agreements via mobile phones, marketing of additional services like ringtones and apps and unsolicited marketing via mobile phones are also considered. Some complaints regarding the use of mobile phones should be better provided for in legislation, and enforcement of consumer rights in this sector could be improved.     

The complex firm financial effects of customer satisfaction improvements

It has been widely assumed that increases in customer satisfaction have continuous financial benefits for firms. However, recent meta-analysis results and anecdotal evidence suggest substantial variability in satisfaction-performance effects. We propose and investigate three explanations for this variability: (1) changing trade-offs of financial benefits vis-à-vis costs along the satisfaction continuum, (2) varying stickiness of benefits and costs over time, and (3) contextual effects related to a firm’s marketing strategic situation. For our empirical investigation, we used customer satisfaction scores and financial data for around 100 U.S. firms over a 15-year period. The results show that revenues and savings in marketing and acquisition costs can accelerate at high satisfaction levels. However, for many firms, operating costs and capital investments also accelerate, and shareholder returns for satisfaction improvements can become negative. Tests over different assessment horizons show that operating cost increases are sticky while top line benefits fade. Finally, firm strategy, offering customization, potential of customer word of mouth, and competitive innovation pressure determine the satisfaction payoffs. Our study will help managers to predict more accurately than before the financial effects of their customer-directed investment decisions.     

Relational competence and strategic procurement management: Towards an entrepreneurial and contractual theory of the firm

This article explains what a strategic procurement management approach to effective business strategy is. This proactive approach is contrasted with current reactive and simplistic approaches to purchasing and supply management. A proactive approach to business management requires firms to recognise that their boundaries need to constantly change in response to consumer preferences; and, that the most effective operational tool for deciding on the “effective boundaries” of the firm will be based on analysing types of relational competences. This approach links competences, relationships and asset specificity in order to procure a supply and value chain which reduces the costs of transactions and improves profitability.     

State Used Motor Vehicle Disclosure Laws: Do They Make a Difference to the Consumer?

Because of recurring unfavorable consumer experiences, there have been a number of market and nonmarket responses to the quality uncertainty encountered in the used vehicle market. Several states have enacted used vehicle disclosure laws. This paper examines whether certain state used vehicle disclosure laws provide consumers with enough additional information so as to impact the quality mix of traded vehicles. The reported repair records of recently transacted vehicles in three states were examined: Wisconsin, Iowa, and Minnesota. Using Census data from the TIU Survey, pairwise tests of the equality of the mean maintenance expenditures of recently transacted vehicles from these three states were performed. Results were verified with a regression analysis. We were unable to find evidence that the currently mandated disclosure requirements in Wisconsin and Iowa were effective in increasing the number of good quality vehicles traded in the market. Our conclusions are drawn exclusive of any secondary benefits or costs that might accrue to the consumer and to society.     

Justice and Financial Market Allocation of the Social Costs of Business

Regulation is often applied to business behavior to ensure that the social costs of doing business are included in the cost and pricing structures of the firm. Because the consumer benefits from the transaction that generated the social costs, asking the consumer to bear the burden imposed by the transaction is fair. However, there may be a lack of Justice m the internal and external distribution of the social costs of doing business if consumers are the only party bearing that burden, or if the costs are being shifted to employees or taxpayers when a closer stakeholder is also benefiting from the transaction – the stockowner. A social justice perspective requires that those benefiting from a transaction share in the burdens of it. We propose that a Tobin-like tax on stock transactions might be a just means of achieving greater justice in the distribution of the social cost burden.     

Potential Secondary Effects of Regulating Children's Television Advertising

The Federal Communications Commission and the National Association of Broadcasters are currently formulating rules and regulations to limit the amount of TV advertising directed at children. What has not been considered are potential secondary effects of these proposed rules and regulations.

The apparent basis of this action is great faith in the power and effectiveness of consumerist legislation. Even if the law is effective in accomplishing its primary objectives, it may produce negative consequences for many consumers and negative reactions within the business community.     

What characterizes Chinese consumer behavior? A cross-industry analysis of the Chinese diaspora in Japan

In order to profit from China??s enormous business opportunities, international firms need to know Chinese consumer preferences. To learn more about intrinsic Chinese consumer preferences and their distinction from other Asian consumer preferences, this study analyzes differences in the formation of customer satisfaction, repurchase intent, and word-of-mouth intent between Chinese-born and locally born consumers in Japan. Verifying culture-based hypotheses, cross-industry analyses show that Chinese-born consumers pay less attention to the public brand image and risk-related switching costs, but more attention to quality expectations, perceived value, experienced usefulness, and financial switching costs than Japanese consumers. Marketing strategies should account for these preference structures.     

Contagion Entrepreneurship: Institutional Support,Strategic Incoherence,and the Social Costs of Over‐Entry

Existing literature on the legitimizing role of institutions tilts toward a “more is better” perspective, proffering the notion that the liabilities of smallness and newness can be mitigated through institutional policies that foster acceptance, trust, and confidence. Although this may seem reasonable, even desirable, institutional munificence can trigger massive over‐entry, potentially causing unintended consequences and unwanted social costs. Using a data set of nearly six million transaction‐level decisions involving all 612 companies and 56,240 permitted projects from a complete industry history, I find that unforeseen costs arise when small, early‐stage firms substitute the legitimizing effects of institutional support for strategic coherence. The findings are surprising and significant. While institutional support for new markets does in fact generate a surge in firm formations, the ill effects of munificence are evidenced by indiscriminate, contagion‐style market entry by unfit firms that perform poorly, fail quickly, and leave a long trail of regulatory violations in their collective wake. The study offers opportunities for scholars, practitioners, and policymakers to reassess the core assumptions related to the benefits and costs of institutional support for new industries, firms, and entrepreneurs.     

Limiting Laissez Faire Profits: The Financial Implications

Traditional corporate finance endorses the principle of stockholder wealth maximization as the purpose of business. In light of recent scandals and legislation, businesses are increasingly expected to use financial resources in a manner which benefits society and not just the owners of the firm. This imputation of a corporate soul will necessarily reduce investor returns, which has at least two major financial implications for the firm and the economy. The first is that it may cause investors to change their required rates of return and thereby change the amount of capital available to firms (in␣particular), and the economy (in general). The second is that it may implicitly replace equity with debt in the capital structure of firms, with all that implies for financing and corporate governance. The purpose of this article is to examine these implications and evaluate their sometimes counterintuitive consequences.     

International Catalog Mix Adaptation

Abstract

Striking the right balance of adaptation of the international catalog mix may be the key to profitability. U.S. catalog firms, new to international markets, have less experience in adapting than firms in more globalized industries. The literature on international marketing strategy adaptation reveals that this decision depends on the environment, industry, market, product, and characteristics of the firm. This paper examines the influence of market similarity, type of business and the firm's international experience on international catalog adaptation, and explores the effects of catalog adaptation on a firm's performance. We hypothesize that the greater the market similarity, the less likely it is that firms will adjust their catalog. We also argue than adaptation is greater for consumer catalogs than for business-to-business catalogs. A third hypothesis is that more internationally experienced firms will adapt more and a final hypothesis is that a greater degree of adaptation will increase the international catalog performance. The results did not support the association of international catalog adjustment and market similarity, experience, and type of catalog. Findings are mixed both on catalog adaptations and firm performance. We found that some but not all adaptations in the catalog lead to improved performance. We speculate that U.S. catalog firms are making adaptations to reduce the costs of international marketing operations. This cost reduction strategy may not necessarily lead to profitability, thereby discouraging other firms from entering international markets.     

Foreign investment in North America and the pharmaceutical industry in Canada

Unique among developed countries in denying patent protection for pharmaceuticals, Canada modified her laws in 1987 and again in 1993 to meet international standards, thereby permitting her to participate in NAFTA and become a signatory of the TRIPS of the Uruguay Round. Canada's concerns for containing health costs and providing quality health care for all its citizens were important factors in her original position. It was only as a result of international pressure and an alliance between the multinational pharmaceutical firms and the university community in Canada that she offered greater patent protection. The results of these changes had an immediate effect on improving the business environments and significant investments by the multinational pharmaceutical firms have increased substantially since 1987.     

The New Zealand Fair Trading Act of 1986: Deceptive Advertising

In 1986, New Zealand introduced the Fair Trading Act, legislation aimed at consumer protection. This act was modeled after similar Australian legislation, while taking into account the legislation and precedents of other countries including the United States, England, and Canada. Although wording of different nations' legislation is often similar, unique national conditions may give rise to different interpretations. The emergence of the Act may indicate a movement toward minimal international standards in consumer protection legislation among common law countries and to a lesser extent, a large number of Western nations. This paper examines the content and performance of the Act concerning deceptive advertising. Available evidence suggests that the frequency and severity of deceptive advertising has declined. Knowledge of the New Zealand experience provides insight into the evolution of consumer protection legislation and insight for American firms planning commerce there.     

Franchising at the Bottom of the Pyramid (BOP): an alternative distribution approach

Bottom of the Pyramid (BOP) markets provide distinct marketing challenges to firms either serving these markets or intending to enter these markets. BOP markets have often been criticised for having weak supporting infrastructure such as inefficient or non-existence of distribution systems which hinder firms' ability to distribute products to consumers. Franchising is one distribution strategy which firms can use to enhance distribution at the BOP. Using findings from research conducted in Zimbabwe, this article demonstrates how firms can use franchising as a distribution strategy to facilitate distribution of products to those at the BOP. Both consumers and firms derive benefits from the use of franchising. Firms face distinct challenges in using this strategy and need to re-invent the way they do business.