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COMMERCIAL BRIBERY

COMMERCIAL BRIBERY. THE ACT OF INFLUENCING OR ATTEMPTING TO INFLUENCE THE ACTIONS OF AN EMPLOYEE SUCH AS A PURCHASING AGENT OR BUYER BY GIVING THE EMPLOYEE A GIFT OF SOME SORT WITHOUT KNOWLEDGE OF THE EMPLOYER No general Federal statute Unfair method of competition (FTC)

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COMMERCIAL BRIBERY

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  1. COMMERCIAL BRIBERY • THE ACT OF INFLUENCING OR ATTEMPTING TO INFLUENCE THE ACTIONS OF AN EMPLOYEE SUCH AS A PURCHASING AGENT OR BUYER BY GIVING THE EMPLOYEE A GIFT OF SOME SORT WITHOUT KNOWLEDGE OF THE EMPLOYER • No general Federal statute • Unfair method of competition (FTC) • Generally controlled by state law • Federal employees, employees of Federal contractors • Conspiracy, Tax Evasion

  2. LEGAL AND ETHICAL ASPECTS OF MARKETING • Marketers are governed by the same laws s all others • Variety of Jurisdictions • Geographical Jurisdictions International Laws National Laws Regional /State Laws Local Laws • Functional Jurisdictions  result in a variety of laws and regulations • Both “thou shalt” and “thou shalt not” laws Benson P. Shapiro, 1984

  3. LEGAL AND ETHICAL ASPECTS OF MARKETING • Penalties: Civil, Criminal, or both • Can involve “per se violations” (act itself illegal) & “rule of reason” violation (proof of damage to competition or customer) • While laws and regulations are developed to protect customers or the competitive environment, they can protect and enhance the competing companies

  4. LEGAL AND ETHICAL ASPECTS OF MARKETING • PRICING • DISTRIBUTION • COMMUNICATION • PRODUCT POLICY • MERGERS AND ACQUISITIONS

  5. LEGAL AND ETHICAL ASPECTS OF MARKETING • TYPICAL DILEMMAS Problems: due to ignorance & conflict • (1) IGNORANCE “when in doubt, ask a lawyer” • (2) CONFLICT Trade-off: Risk vs. Opportunity Differing amounts of goodness • ETHICAL CONCERNS Power implies responsibility There are rights and wrongs in business Important not to compromise standards

  6. SIX SUGGESTIONS • Have low personal fixed costs; retain freedom to leave job if necessary • Choose your associates well • Avoid the (appearance and reality) of ethical compromise (or people of integrity may avoid you) • Set basic standards; don’t compromise even in relatively small ways • Keep a sense of humor and perspective • Have fun and enjoy the process of personal development

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