Business-to-Consumer Harassment,Unfair Commercial Practices Directive and the UK—A Distorted Picture of Uniform Harmonization?

The Unfair Commercial Practices Directive 2005 (UCPD) attempts to achieve a full harmonization of the rules against unfair business-to-consumer (B2C) practices. However, this paper argues that the UCPD cannot resolve disparities in national laws because of a lack of clarity of concepts and the existence of uncertain substantive and enforcement provisions. This is demonstrated by the Ferguson v British Gas case which extended the loosely formulated UK Protection from Harassment Act 1997 (PHA) to B2C harassment cases covered by the UCPD. Ferguson highlights contradictions in the approaches of the two systems which suggest loopholes in the UCPD’s full harmonization goal. As well as proposing the amendment of the PHA, the paper suggests that complete harmonization requires that issues of clarity of concepts, definitions, liability, ancillary tort claims, and enforcement rights which create room for creative interpretations and lack of uniformity should be addressed. A one-stop legislation approach to transposition can also improve harmonization.     

Research into Quality Management and Social Responsibility

This article presents a systematic literature review on quality management and social responsibility (focusing on ethical and social issues). It uses the literature review to identify the parallels between quality management and social responsibility, the extent to which qualitative, quantitative and mixed methods are used, the countries that have contributed most to this area, and how the most common quality management practices facilitate social responsibility. The literature review covers articles about quality management and social responsibility (focusing on ethical and social categories) based on a computer search in three databases, namely ABI Inform, Emerald and Science Direct, and includes articles dealing with the subject that were found in the lists of references of the articles found in the primary search, as well as a search in six top management journals. The results show (1) the journals most likely to publish this type of article; (2) the range of qualitative, quantitative and mixed methods used; (3) the most productive countries in this field; (4) the parallels between quality management and social responsibility; and (5) how the most common quality management practices facilitate ethical behaviour and social aspects.     

Turbulence in growing and declining industries

Turbulence over the industry life cycle is examined for the case of Portugal using the lowest possible level of industry aggregation, thus allowing for the use of panel data to study the evolution of product markets. Replacement of exiting firms by subsequent entrants plays a primary role in generating turbulence in high growth markets, while displacement of incumbents by recent entrants is the main selection force in declining markets. As the industry life cycle progresses, trial-and-error entry and entry mistakes decrease, and turbulence subsides.     

Public knowledge,private knowledge: the intellectual capital of entrepreneurs

This paper focuses on the innovative actions of entrepreneurs, namely their tendency to reveal the intellectual capital that results from their research efforts either in the form of public knowledge (publications) or private knowledge (patents). Using data collected by the National Research Council within the US National Academies from their survey of firm’s that received National Institutes of Health phase II Small Business Innovation Research awards between 1992 and 2001, we find that entrepreneurs with academic backgrounds are more likely to publish their intellectual capital compared with entrepreneurs with business backgrounds, who are more likely to patent their intellectual capital. We also find that, when universities are research partners, their presence complements the tendencies of academic entrepreneurs but does not offset those of business entrepreneurs.     

New business formation in a rapidly growing economy: the Irish experience

The extraordinary growth of the Irish economy since the mid-1990s—the ‘Celtic Tiger’—has attracted a great deal of interest, commentary and research. Indeed, many countries look to Ireland as an economic development role model, and it has been suggested that Ireland might provide key lessons for other EU members as they seek to achieve the objectives set out in the Lisbon Agenda. Much of the discussion of Ireland’s growth has focused on its possible triggers: the long-term consequences of the late 1980s fiscal stabilisation, EU structural funds, education, wage moderation and devaluation of the Irish punt. The industrial policy perspective has highlighted the importance of inflows of foreign direct investment, but a notable absence from the discourse on the ‘Celtic Tiger’ has been any mention of the role of new business venture creation and entrepreneurship. In this paper we use unpublished Irish VAT data for the years 1988–2004 to provide the first detailed look at national trends in business birth and death rates in Ireland over the ‘take-off’ period. We also use sub-national VAT data to shed light on spatial trends in new venture creation. Our overall conclusions are that new business formation made no detectable contribution to the acceleration of Ireland’s growth in the late 1990s, although we do find evidence of spatial convergence in per capita business stocks.     

The Emergence of Individual Knowledge in a Group Setting: Mitigating Cognitive Fallacies

Research in psychology has found that subjects regularly exhibit a conjunction fallacy in probability judgments. Additional research has led to the finding of other fallacies in probability judgment, including disjunction and conditional fallacies. Such analyses of judgments are critical because of the substantial amount of probability judgment done in accounting, business and organizational settings. However, most previous research has been conducted in the environment of a single decision maker. Since business and other organizational environments also employ groups, it is important to determine the impact of groups on such cognitive fallacies. This paper finds that groups substantially mitigate the impact of probability judgment fallacies among the sample of subjects investigated. The key finding of this paper is the analysis of the apparent manner in which groups make such decisions. A statistical analysis, based on a binomial distribution, suggests that groups investigated here did not use consensus. Instead, if any one member of the group has correct knowledge about the probability relationships, then the group uses that knowledge and does not exhibit fallacy in probability judgment. Having a computational model of the group decision making process provides a basis for developing computational models that can be used to simulate “mirror worlds” of reality or model decision making in real world settings.     

Deriving joint space positioning maps from consumer preference ratings

Joint space multidimensional scaling maps are often utilized for positioning analyses and are estimated on survey samples of consumer preferences, choices, considerations, or intentions so as to provide a concise spatial depiction of the competitive landscape including relevant dimensions or attributes, competing brands, and consumers in the same joint space representation. Care has to be given concerning the underlying scale properties of such survey data so as not to distort the resulting joint space positioning map. We present a new joint space multidimensional scaling procedure for positioning analyses for displaying the structure in such survey data when such common ordered successive category measurement scales such as Likert, Edwards, semantic differential, etc., are employed. We present the technical details of this stochastic ordered preference multidimensional scaling vector model as well as the maximum likelihood estimation-based algorithm devised for parameter estimation. Favorable comparisons are made with several existent multidimensional scaling methods in representing the internal structure for such data in marketing positioning studies. An actual commercial positioning application concerning large sports utility vehicles consideration to buy judgments is presented with predictive validation comparisons with other multidimensional scaling joint space procedures.     

Market-focused sustainability: market orientation plus!

The concept of sustainability is increasingly being addressed theoretically by scholars and practically by managers and policymakers. With this growing focus on sustainability efforts, marketing is in a unique position to elevate its focus from managing relationships with customers to strategically managing a broader set of marketplace issues. Overall, an organization achieves market-based sustainability to the extent that it strategically aligns itself with the market-oriented product needs and wants of customers and the interests of multiple stakeholders concerned about social responsibility issues involving economic, environmental, and social dimensions. To set the stage for marketing’s inquiry into sustainability efforts, I briefly review the concept of sustainability, compare it with corporate social responsibility, bring in stakeholders, argue for the notion of “market orientation plus,” and consider the possibility that the notion of what sustainability encompasses is converging in the marketing literature.     

Worth waiting for: increasing satisfaction by making consumers wait

A truism in the marketing literature, and among many marketing practitioners, is that requiring consumers to wait negatively impacts quality evaluations, purchase intentions and a range of other important outcomes. However, it is also true that consumer waiting or queuing has historically been considered from an operations perspective. The present research takes a different approach and examines waits in the context of their ability to function as a signal of quality. Four experiments demonstrate a required wait can indeed signal quality to consumers and increase, rather than decrease, both purchase intentions and actual experienced satisfaction. Three moderators of this effect are examined: preexisting knowledge, consumption motivations, and the extent to which quality is difficult to objectively determine. The results suggest in situations where quality is important, unknown or ambiguous, managers may increase consumer satisfaction by making consumers wait.