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The Supreme Court’s decision in Federal Trade Commission v. Actavis, Inc. is a challenge to conventional antitrust analysis. Conventional civil antitrust cases are decided by a preponderance of the evidence. This means that conduct challenged under the rule of reason is only condemned if the conduct resulted in more competitive harm in the actual world than a world without the alleged violation. Under conventional analysis, the intent of the parties also plays only a supporting role in determining whether the conduct was anticompetitive. A holder of a valid patent has a right to exclude others practicing the patented technology. And, the patent holder is not assumed to have market power because it expended resources in maintaining exclusionary rights. Actavis creates doubts about these propositions in circumstances beyond the “reverse” payment settlement of a patent suit that may have delayed an alleged infringer market entry. This chapter explores whether applying Actavis logic to antitrust litigation can result in condemnation of practices where there is little chance of an anticompetitive effect, where the patent holder likely has a valid and infringed patent, where there is little reason to believe that the patent holder has market power, and where only one party, or no parties, to an agreement have an anticompetitive intent. This chapter also investigates whether Actavis creates new problems with standing analysis, damages calculations, and the balancing of efficiencies against anticompetitive effects. Nevertheless, the lower courts have begun to extend the logic of Actavis. This is apparent in the condemnation of no-Authorized-generic settlements.

Companies are constantly striving for superior customer service that meets consumers' expectations. Products that do not provide consumers with good service quality are unlikely to meet the expectations of consumers. The aim is to maximize customer satisfaction and achieve financial success by closing gaps to provide high-quality service to consumers. Customers use quality of service to choose a service provider. This does not only include the quality of products or service but also the quality of customer service. The five essential elements (5Es) – experience, emotions, exclusivity, execution and engagement – must be used by companies to ensure that their products and services meet defined standards or customer's expectations. The customer's opinion of a service is formed immediately, regardless of whether it is positive or negative. The result of a negative customer experience is negative word of mouth, which would cause loss in business from dissatisfied customers as well as from potential customers who will no longer use the services. Using the gap model for service quality, this study proposes the essential 5Es of service quality. As a result of the synthesis of this current research, the company's service delivery will be improved by identifying weaknesses. The use of these 5Es for the control of service quality and monitoring of quality defects leads to better understanding and reduction of cost.

Film has a number of characteristics that define it as a commodity-type and hence distinguish it from other commodity-types.⁴ Not only is film non-diminishable in consumption (because it is consumed in the mind of the viewer), but also the images that make up a film are infinitely reproducible and, in the era of digital technology, reproducible at near zero marginal cost. Furthermore, each film is to some extent novel in that its constitutive images are each unique and so is the ordering of the images into the sequenced continuity that makes the film meaningful to (but not, ipso facto, liked by) the consumer.⁵ Hence, prior to the consumption of a film, consumers cannot have a complete idea of the visual and aural cinematic utility that they are going to experience, nor of their reaction to that experience. Films are thus experience goods: an experiential divide exists between the two mental states of awareness, namely expectation and realization, both of which entail a learning process based on previous experience (Nelson, 1974, p. 745). A final element in the ontology of film as a commodity is the rapidly diminishing utility of film in consumption. That is, once consumed in theatrical release, films are rarely revisited theatrically by consumers, who commonly prefer the anticipation of new cinematic pleasure to the repeat viewing of old pleasures.

This research uses the distinction between communal relationships (based on mutual care and concern) and exchange relationships (based on the principle of quid pro quo) to propose a framework that predicts differences in the shape of consumer response function to increasing levels of brand transgressions.

The paper proposes a conceptual model based on insights from prior research on brand relationships.

The premise being proposed in this paper is that exchange-oriented consumers, being focused on the balance of inputs and outcomes, base their evaluations on an objective assessment of the final outcome, such that their response function will be relatively proportional to increasing levels of brand transgression. On the other hand, communally oriented consumers are concerned with whether or not the relationship partner cares for them, such that up to a point brand transgressions are overlooked while beyond a threshold there is a sudden negative shift in brand evaluations. These consumers thus exhibit a step-function response to brand transgressions.

This paper proposes a conceptual framework and leaves it to future researchers to test it empirically.

Managers now have a toolkit to better manage instances of product and service failure.

Findings from this model can be applied to better manage interpersonal relationships too.

This paper proposes a model that shows how and why consumers might differ in their response to brand transgressions. Further, this is a dynamic model in that it traces the response function of the consumers at increasing levels of transgressions.

Throughout the 1990s, the supply of new condominiums in Tokyo significantly increased while prices persistently fell. This article investigates whether the market power of condominium developers is a factor in explaining the outcome in this market and whether there is a relationship between production cost trend and the degree of market power that the developers were able to exercise. In order to respond to these questions, we construct and structurally estimate a dynamic durable goods oligopoly model of the condominium market – one incorporating time-variant costs and a secondary market – using a nested GMM procedure. We find that the data provide no evidence that firms in the primary market have substantial market power in this industry. Moreover, the counterfactual experiment provides evidence that inflationary and deflationary expectations on production cost trends have asymmetric effects to the market power of condominium producers. The increase in their markup when cost inflation is anticipated is significantly higher than the decrease in the markup when the same magnitude of cost deflation is anticipated.

This paper focuses on the role of manufacturer brands for resellers within retail channels. This topic is important because of the strategic value of manufacturer brands and the increasing influence of resellers within channels of distribution. Much of the branding research emphasizes a customer-brand knowledge perspective; however, emerging perspectives suggest that brands are also relevant to other stakeholders including resellers. In contrast, channels research recognizes the manufacturer sources of market power, but does not consider the impact of manufacturer “push and pull” strategies within channels. Existing theoretical frameworks, therefore, do not address the reseller perspective of the brand. As a result, the research approach is a multi-method design, consisting of two phases. The first phase involves in-depth interviews, allowing the development of a conceptual framework. In the second phase, a survey of supermarket buyers on brands in several product categories tests this framework. Structural equation modeling analyzes the survey responses and tests the hypotheses. The structural model shows very good fit to the data with good construct validity, reliability, and stability. The findings show that manufacturer support, brand equity, and customer demand reflect the manufacturer brand benefits to resellers. A key contribution of this research is the development of a validated scale on manufacturer brand benefits from the point of view of a reseller. This research shows that the resources that relate to the brand, not just the brand name itself, create value for resellers in channel relationships.

Numerous studies have investigated the customer’s expectations and satisfaction. Due to the prevalence of e-commerce, this study attempts to take a further look at how the design of webpages could influence consumers’ expectations and satisfaction. Both qualitative and quantitative methods are utilized. The customers of TGI Friday’s are selected for empirical validation. The findings show that there was a gap between what consumers actually perceived in the restaurant and the information presented on the website. Marketing implications for restaurateurs along with suggestions for future research are provided in the conclusion section.