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Book part
Publication date: 29 August 2018

Michael A. Carrier and Steve D. Shadowen

Brand-name pharmaceutical companies have engaged in a variety of business conduct that has increased price. One of these activities involves “product hopping,” or brand switches…

Abstract

Brand-name pharmaceutical companies have engaged in a variety of business conduct that has increased price. One of these activities involves “product hopping,” or brand switches from one version of a drug to another. The antitrust analysis of product hopping implicates antitrust law, patent law, the Hatch–Waxman Act, and state drug product selection laws, as well as uniquely complicated markets characterized by buyers different from decision makers. As a result, courts have offered inconsistent approaches to product hopping.

In this chapter, we offer a framework that courts and government enforcers can employ to analyze product hopping. The framework is the first to incorporate the characteristics of the pharmaceutical industry. It defines a “product hop” to include instances in which the manufacturer (1) reformulates the product to make the generic nonsubstitutable and (2) encourages doctors to write prescriptions for the reformulated rather than the original product.

When the conduct meets both requirements, our framework offers two stages of analysis. First, we propose two safe harbors to ensure that the vast majority of reformulations will not face antitrust review. Second, the framework examines whether the hop passes the “no-economic-sense” test, determining if the behavior would make economic sense if the hop did not have the effect of impairing generic competition. Showing just how far the courts have veered from justified economic analysis, the test would recommend a different analysis than that used in each of the five product-hopping cases that have been litigated to date, and a different outcome in two of them.

Details

Healthcare Antitrust, Settlements, and the Federal Trade Commission
Type: Book
ISBN: 978-1-78756-599-9

Keywords

Abstract

Purpose

This paper aims to explore the impact of the origin of hops on the sensory and hedonic evaluation of highly involved craft beer consumers.

Design/methodology/approach

Data was collected through a between-subject tasting experiment, where the origin of hop was manipulated (imported vs locally grown). The craft beer samples used in the experiment were produced using hops of similar age but grown in two distinct places: USA (imported hop) and in the city of Ribeirão Preto, Brazil, where the experiment was conducted (locally grown hop). The sensory and hedonic evaluations of highly involved craft beer consumers (n = 100) were collected after tasting the samples.

Findings

The origin of hop proved to be significant in affecting participants’ sensory and hedonic evaluations. It was observed that women were more sensitive than men to the origin information: when information was given, differences were found only on men’s scores of dryness/astringency; while in women, significant differences were found not only in dryness/astringency, but also in bitterness and refreshing, which are important attributes in the sensory profile of craft beer. It was also confirmed the effect of localness in hop cultivation, once men’ and women’s scores on liking were higher for the sample brewed with locally grown hop.

Originality/value

To the best of the authors’ knowledge, this is the first work using craft beer brewed with hops cultivated in Brazil and a sample of Brazilian craft beer consumers, therefore, providing a significant contribution to the field of consumer behavior. Furthermore, it adds to the discussion on sex-/gender-related differences regarding sensory expectation and perception of foods.

Details

International Journal of Wine Business Research, vol. 36 no. 2
Type: Research Article
ISSN: 1751-1062

Keywords

Article
Publication date: 1 April 1969

Factors which influence consumer spending, among the most sought after in any field of market research, things people buy and why, is valuable data on which much industrial…

Abstract

Factors which influence consumer spending, among the most sought after in any field of market research, things people buy and why, is valuable data on which much industrial planning, advertising techniques and marketing is based, but in no other field of trade is consumer preference so closely related to pure economics, i.e., value received in money terms, as in food. With most other commodities, from clothes to cars, hair‐do's to houses, factors affecting consumer choice have different results; appearance, aesthetic quality and neighbourly competition, all play a part, though appearance in a few foods is not entirely without significance, e.g., white bread. Present high levels of consumer spending are said by politicians to be a danger to the country's economy; a more prosaic thought would be that Government spending, or squandering, constituted the greater threat. In the main, factors which influence household food expenditure are essentially down to earth—palatability, digestibility, keeping quality and how far a food will go in the preparation of meals, its value in money terms. The king‐pin in all market research on food must be the woman of the house; it is her laying out of the household purse that determines the amount of food expenditure and the varieties purchased week by week. A housewife's choice, however, is a complex of her family's likes and dislikes, rarely her own, and also determined by the amount allocated from her purse for this part of the household budget and the number of mouths she has to feed. Any tendency to experiment, to extend the variety of food, is only possible with a well‐filled purse; with a large family, a common complaint is of monotony in the diet. A factor of immense importance nowadays is whether the housewife is employed or not, and whether whole‐time or part‐time, and which part of the day she can be in her own home. To this may be attributed, as much as anything, the rise in consumption of convenience foods. Fortunately for the purposes of reasonable accuracy in the results of enquiries, housewives form a class, reliable and steady, unlikely to be contaminated by the palsied opinions of the so‐called lunatic fringe in this unquiet age. Any differences in food choice are likely to be regional, and settled dietary habits, passed on from one generation to another. Statistics from the National Food Surveys show the extent of these, and also consumer preferences as far as food commodity groups are concerned. The Surveys have been running long enough to show something of consumer trends but, of course, they do not exhibit reasons—why consumers buy and use certain foods, their attitudes to food marketing practices, and, in particular, to advertising. Advertising claims, misleading undoubtedly but within the law, have long been a source of controversy between those who worship at the shrine of truth and others less particular. Elsewhere, we review a special study of consumer reactions to aspects of the grocery trade in the U.S.A., and note that 32 per cent do not accept advertisements as being true, but 85 per cent find them interesting and informative. Advertising practices are probably subject to less statutory control in the United States than here, and the descriptions and verbiage certainly reach greater heights of absurdity, but the British housewife is likely to be no more discerning, able “to read between the lines”, than her counterpart in that country. A major difference, however, is that in Britain, more houswives prepare and cook meals for their families than in the United States. The greatest importance of advertising is in the introductory phase of a commodity; new and more vigorous advertising is necessary later to delay the onset of the decline phase of the commodity's life cycle; to ensure that sales can be maintained to prevent rises in supply costs. Advertising helps considerably in the acceptance of a branded food, but housewives tend to ignore cut‐throat competition between rival brands, and what weans a consumer from a brand is not competition in advertising, nor even new and more attractive presentation, but reduction in real price. The main pre‐occupation of the woman of the house is food adequacy, and especially that her children will have what she considers conforms to a nutritious diet, without argument or rebellion on the part of her progeny and without distinction. She knows that bulk foods, carbohydrates, are not necessarily nutritious, although her ideas of which foods contain vitamins or minerals or other important nutrient factors tends to be hazy. She does not pretend to enjoy shopping for food and therefore tends to follow a routine; it saves time and worry. Especially is this so with young married women, who may have to take small children along. Each housewife has her own mental standard of assessing “value”, and would have difficulty in defining it. Nutritional value forms part of it, however, in most women, who connote their food provision with health. The greatest concern is not necessarily positive health, but prevention or reduction of obesity, which is seen among adult members of the family, especially growing girls, as an adverse effect on their appearance, and the types of clothes they can wear. A few of the more intelligent families have an indefinable fear of ischaemic heart disease and its relation to food. When they take positive steps to control the diet for these purposes, they are quite frequently in the wrong direction and rather confused even when this is done on medical advice.

Details

British Food Journal, vol. 71 no. 4
Type: Research Article
ISSN: 0007-070X

Content available
Book part
Publication date: 29 August 2018

Abstract

Details

Healthcare Antitrust, Settlements, and the Federal Trade Commission
Type: Book
ISBN: 978-1-78756-599-9

Article
Publication date: 1 June 2003

Jim O'Callaghan

Engineers across many disciplines are becoming interested in wireless communication, however the plethora of standards, frequencies and technologies can lead to considerable…

1943

Abstract

Engineers across many disciplines are becoming interested in wireless communication, however the plethora of standards, frequencies and technologies can lead to considerable confusion. This article presents some decision criteria to assist the reader selecting the most suitable technology. Further, it highlights other issues to prepare for integrating RF.

Details

Sensor Review, vol. 23 no. 2
Type: Research Article
ISSN: 0260-2288

Keywords

Content available
Book part
Publication date: 29 August 2018

Abstract

Details

Healthcare Antitrust, Settlements, and the Federal Trade Commission
Type: Book
ISBN: 978-1-78756-599-9

Book part
Publication date: 21 December 2010

Russell W. Belk, Kelly Tian and Heli Paavola

Purpose – We use data from the United States and Finland, a literature review, and historical analysis to understand the concept and role of cool within global consumer…

Abstract

Purpose – We use data from the United States and Finland, a literature review, and historical analysis to understand the concept and role of cool within global consumer culture.

Methodology/approach – This is a conceptual review and qualitative analysis of data from depth interviews, journals, and online discussion groups in two U.S. locations and one Finnish location.

Findings – Cool is a slang word connoting a certain style that involves masking and hiding emotions. As cool diffuses we find that it is both distilled and diluted. The concept itself has also evolved. What was once a low-profile means of survival and later a youthful rebellious alternative to class-based status systems has become commoditized.

Research limitations/implications – The study has been conducted in two cultures with a limited range of ages thought to be most susceptible to the appeal of being cool.

Practical limitations/implications – Marketers may not yet have exploited cool as effectively as they have exploited sex, but mainstream consumers now look for cool in the marketplace more than within themselves. The result is a continuous race to offer the next cool thing.

Originality/value of chapter – It is argued that coolness is a new status system largely replacing social class, especially among the young.

Details

Research in Consumer Behavior
Type: Book
ISBN: 978-0-85724-444-4

Article
Publication date: 3 October 2016

Anita Zátori

The purpose of the paper was to explore the influence of the experience-centric approach and the concept of co-creation on service design and provision and to analyze the process…

4337

Abstract

Purpose

The purpose of the paper was to explore the influence of the experience-centric approach and the concept of co-creation on service design and provision and to analyze the process of on-site experience co-creation between provider and consumer, particularly, how tour providers and tour guides enhance and support the process of co-creation.

Design/methodology/approach

The study reviews the literature on experience-centric approach and value co-creation, discusses personal resources and experience-centric service design as resources for co-creation. It analyzes primary data from 33 interviews and 28 observations of 11 sightseeing tour providers.

Findings

The methods and tools of tour providers’ service design were explored and evaluated whether they fit the criteria of the concept of co-creation and experience-centric approach. The findings show that small-group tour providers use the concept of co-creation to the biggest extent, followed by alternative tour providers. The study also analyzed what types of service designs support a co-creative service provision. Three steps were identified as steps to support and realize experience and value co-creation from the side of the service provider. Based on the empirical results, the attention-involve-make discover (AIM) model was created, which proposes that the process of value and experience co-creation happens by provoking attention, by engaging and involving and, finally, by making consumers to discover.

Originality/value

The originality of the paper lies in the creation of the AIM-model illustrating the on-site co-creation process in the context of guided tours, which can further be tested in other fields and areas.

Details

International Journal of Culture, Tourism and Hospitality Research, vol. 10 no. 4
Type: Research Article
ISSN: 1750-6182

Keywords

Expert briefing
Publication date: 7 January 2015

Outlook for the brewery industry in sub-Saharan Africa.

Details

DOI: 10.1108/OXAN-DB195857

ISSN: 2633-304X

Keywords

Geographic
Topical
Article
Publication date: 1 January 1985

The formulated proposals for this legal principle in the trade battern of the European Community have again appeared in the EEC draft Directive. It has been many years in coming…

Abstract

The formulated proposals for this legal principle in the trade battern of the European Community have again appeared in the EEC draft Directive. It has been many years in coming, indicating the extreme difficulties encountered in bringing some sort of harmony in the different laws of Member‐states including those of the United Kingdom, relating to the subject. Over the years there were periods of what appeared to be complete inactivity, when no progress was being made, when consultations were at a stand‐still, but the situation was closely monitored by manufacturers of goods, including food and drink, in the UK and the BFJ published fairly detailed reviews of proposals being considered — in 1979 and 1981; and even as recently as the last few months — in “Consumerism in the Community”, the subject was briefly discussed.

Details

British Food Journal, vol. 87 no. 1
Type: Research Article
ISSN: 0007-070X

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