Competitive Advertising and Pricing∗
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Supreme Court of the United States
No. _________ ================================================================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- GEFT OUTDOOR, L.L.C., Petitioner, v. CITY OF WESTFIELD, HAMILTON COUNTY, INDIANA, Respondent. --------------------------------- --------------------------------- On Petition For Writ Of Certiorari To The Seventh Circuit Court Of Appeals --------------------------------- --------------------------------- PETITION FOR WRIT OF CERTIORARI --------------------------------- --------------------------------- A. RICHARD M. BLAIKLOCK JOSH S. TATUM LEWIS WAGNER, LLP Counsel of Record 501 Indiana Ave., Suite 200 PLEWS SHADLEY RACHER Indianapolis, IN 46202-6150 & BRAUN LLP Phone: 317-237-0500 1346 N. Delaware St. Email: rblaiklock@ Indianapolis, IN 46202-2415 lewiswagner.com Phone: 317-637-0700 Email: [email protected] Counsel for Petitioner ================================================================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i QUESTION PRESENTED Petitioner, GEFT Outdoor, L.L.C., buys and leases land on which to construct, maintain, and operate signs and billboards to be used for the dissemination of both commercial and noncommercial speech. Believ- ing the City of Westfield’s regulations of signs to be un- constitutional, GEFT Outdoor, L.L.C. began erecting a digital billboard on land located within the City of Westfield without -
ADVERTISING How to Contact Us
ADVERTISING How to Contact Us David George Chief Investigator – Motor Vehicles (512) 465-4147 [email protected] Sharon Ruszczyk Advertising Investigator (512) 465-4260 [email protected] 2 Outline ▪ WHAT IS ADVERTISING? ▪ WHAT LAWS APPLY? ▪ FALSE & MISLEADING, AVAILABILITY, ACCURACY, UNTRUE CLAIMS ▪ SAVINGS CLAIMS/DISCOUNTS & DEALER PRICE ADVERTISING ▪ IDENTIFICATION OF VEHICLE, TRADE-IN ALLOWANCE, FREE OFFERS ▪ FINANCING DISCLOSURES ▪ BAIT ADVERTISEMENTS, LOWEST PRICE CLAIMS ▪ LEASE ADVERTISING GUIDE, BROKERING ▪ ENFORCEMENT ACTION ON COMPLAINTS ▪ FREQUENTLY ASKED QUESTIONS 3 What Is An Advertisement? 43 TEX. ADMIN CODE § 215.244 Advertisement An oral, written, graphic, or pictorial statement or representation made in the course of soliciting business, including, without limitation, a statement or representation made in a newspaper, magazine, or other publication, or contained in a notice, sign, poster, display, circular, pamphlet, or letter, or on radio, the Internet, or via an on-line computer service, or on television. Does not include direct communication between a dealer or dealer’s representative and a prospective purchaser. 5 State Statutes TEXAS OCCUPATIONS CODE § 2301.351 A Dealer May Not: ▪ Violate a board rule. ▪ Aid or abet a person who violates this chapter… or a rule adopted under this chapter. ▪ Use FALSE, DECEPTIVE, UNFAIR OR MISLEADING advertising relating to the sale or lease of motor vehicles. 6 Board Rules 43 TEX. ADMIN. CODE § 215.241 Objective: Regulate advertising by requiring truthful and accurate advertising practices for the benefit of the citizens of this State. 43 TEX. ADMIN. CODE § 215.242 General Prohibition - A person advertising motor vehicles shall not use FALSE, DECEPTIVE, UNFAIR, OR MISLEADING advertising. In addition to a violation of a specific advertising rule, any other advertising or advertising practices found by the Board to be false, deceptive, or misleading, whether or not enumerated herein, shall be deemed violations of the Code, and shall also be considered violations of the general prohibition. -
A Brief Primer on the Economics of Targeted Advertising
ECONOMIC ISSUES A Brief Primer on the Economics of Targeted Advertising by Yan Lau Bureau of Economics Federal Trade Commission January 2020 Federal Trade Commission Joseph J. Simons Chairman Noah Joshua Phillips Commissioner Rohit Chopra Commissioner Rebecca Kelly Slaughter Commissioner Christine S. Wilson Commissioner Bureau of Economics Andrew Sweeting Director Andrew E. Stivers Deputy Director for Consumer Protection Alison Oldale Deputy Director for Antitrust Michael G. Vita Deputy Director for Research and Management Janis K. Pappalardo Assistant Director for Consumer Protection David R. Schmidt Assistant Director, Oÿce of Applied Research and Outreach Louis Silva, Jr. Assistant Director for Antitrust Aileen J. Thompson Assistant Director for Antitrust Yan Lau is an economist in the Division of Consumer Protection of the Bureau of Economics at the Federal Trade Commission. The views expressed are those of the author and do not necessarily refect those of the Federal Trade Commission or any individual Commissioner. ii Acknowledgments I would like to thank AndrewStivers and Jan Pappalardo for invaluable feedback on numerous revisions of the text, and the BE economists who contributed their thoughts and citations to this paper. iii Table of Contents 1 Introduction 1 2 Search Costs and Match Quality 5 3 Marketing Costs and Ad Volume 6 4 Price Discrimination in Uncompetitive Settings 7 5 Market Segmentation in Competitive Setting 9 6 Consumer Concerns about Data Use 9 7 Conclusion 11 References 13 Appendix 16 iv 1 Introduction The internet has grown to touch a large part of our economic and social lives. This growth has transformed it into an important medium for marketers to serve advertising. -
Personalised Pricing in the Digital Era
Organisation for Economic Co-operation and Development DAF/COMP(2018)13 Unclassified English - Or. English 20 November 2018 DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS COMPETITION COMMITTEE Cancels & replaces the same document of 12 October 2018 Personalised Pricing in the Digital Era Background Note by the Secretariat 28 November 2018 This document was prepared by the OECD Secretariat to serve as a background note for item 1 of the joint meeting between the Competition Committee and the Committee on Consumer Policy on 28 November 2018. The opinions expressed and arguments employed herein do not necessarily reflect the official views of the Organisation or of the governments of its member countries. More documentation related to this discussion can be found at: www.oecd.org/daf/competition/personalised-pricing-in-the-digital-era.htm Please contact Mr. Antonio Capobianco if you have any questions about this document [E-mail: [email protected]] JT03439922 This document, as well as any data and map included herein, are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. 2 │ DAF/COMP(2018)13 Personalised Pricing in the Digital Era Background Note by the Secretariat* As data analytics and pricing algorithms become common business practice in the digital era, there are growing concerns about the possibility that companies use such tools to engage in personalised pricing, a form of price discrimination that involves charging different prices to consumers according to their willingness to pay. While personalised pricing has the potential to improve allocative efficiency and benefit low-end consumers who would otherwise be underserved, in some occasions it can also lead to a loss in total consumer welfare. -
Can Smarter Pricing and Promotion Reduce the Emphasis on Discounting
EY | Assurance | Tax | Transactions | Advisory About EY EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities. EY refers to the global organization, and may refer to one or Can smarter more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our pricing and organization, please visit ey.com. © 2016 EYGM Limited. All Rights Reserved. promotion 1608-2009083 EYG No: 03451-164GBL reduce the ED None This material has been prepared for general informational purposes only and is not intended to be relied upon as accounting, tax or other professional advice. Please refer to your advisors for specific advice. emphasis on ey.com discounting? Five steps to improved pricing How to make price and and promotion promotion work harder 1 Optimize everyday prices Use smaller discounts — only go 2 deep for feature or display Three-quarters of consumer product (CP) companies are struggling to grow both revenue and profitability.1 What worked before does not Rethink duration, timing, shopper work today. marketing and co-promotions Companies are finding it hard to keep pace with fast-changing 3 consumer needs and digital disruption while overemphasizing cost cutting to boost profits and satisfy shareholders. -
Extra-Governmental Censorship in the Advertising Age
Loyola of Los Angeles Entertainment Law Review Volume 12 Number 2 Article 5 3-1-1992 Extra-Governmental Censorship in the Advertising Age Steven C. Schechter Follow this and additional works at: https://digitalcommons.lmu.edu/elr Part of the Law Commons Recommended Citation Steven C. Schechter, Extra-Governmental Censorship in the Advertising Age, 12 Loy. L.A. Ent. L. Rev. 367 (1992). Available at: https://digitalcommons.lmu.edu/elr/vol12/iss2/5 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Entertainment Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. EXTRA-GOVERNMENTAL CENSORSHIP IN THE ADVERTISING AGE Steven C. Schechter* I. INTRODUCTION "Throughout history, families and religious groups have recognized their influence over the lives of their members and have used this influ- ence to maintain unity and adherence to a given set of values."' Vocal activists have for generations waged wars against works of literature and 2 art that they have found offensive to their religious or moral beliefs. They have attempted to exert their influence over society as a whole and to impose their values over all others. These activists believed that they were providing an invaluable service to society. From the time of the colonization of the United States through the 1950's, moral activists had the weapon of choice on their side: the strong-arm censorship powers of the law and the courts. -
Reuters Institute Digital News Report 2020
Reuters Institute Digital News Report 2020 Reuters Institute Digital News Report 2020 Nic Newman with Richard Fletcher, Anne Schulz, Simge Andı, and Rasmus Kleis Nielsen Supported by Surveyed by © Reuters Institute for the Study of Journalism Reuters Institute for the Study of Journalism / Digital News Report 2020 4 Contents Foreword by Rasmus Kleis Nielsen 5 3.15 Netherlands 76 Methodology 6 3.16 Norway 77 Authorship and Research Acknowledgements 7 3.17 Poland 78 3.18 Portugal 79 SECTION 1 3.19 Romania 80 Executive Summary and Key Findings by Nic Newman 9 3.20 Slovakia 81 3.21 Spain 82 SECTION 2 3.22 Sweden 83 Further Analysis and International Comparison 33 3.23 Switzerland 84 2.1 How and Why People are Paying for Online News 34 3.24 Turkey 85 2.2 The Resurgence and Importance of Email Newsletters 38 AMERICAS 2.3 How Do People Want the Media to Cover Politics? 42 3.25 United States 88 2.4 Global Turmoil in the Neighbourhood: 3.26 Argentina 89 Problems Mount for Regional and Local News 47 3.27 Brazil 90 2.5 How People Access News about Climate Change 52 3.28 Canada 91 3.29 Chile 92 SECTION 3 3.30 Mexico 93 Country and Market Data 59 ASIA PACIFIC EUROPE 3.31 Australia 96 3.01 United Kingdom 62 3.32 Hong Kong 97 3.02 Austria 63 3.33 Japan 98 3.03 Belgium 64 3.34 Malaysia 99 3.04 Bulgaria 65 3.35 Philippines 100 3.05 Croatia 66 3.36 Singapore 101 3.06 Czech Republic 67 3.37 South Korea 102 3.07 Denmark 68 3.38 Taiwan 103 3.08 Finland 69 AFRICA 3.09 France 70 3.39 Kenya 106 3.10 Germany 71 3.40 South Africa 107 3.11 Greece 72 3.12 Hungary 73 SECTION 4 3.13 Ireland 74 References and Selected Publications 109 3.14 Italy 75 4 / 5 Foreword Professor Rasmus Kleis Nielsen Director, Reuters Institute for the Study of Journalism (RISJ) The coronavirus crisis is having a profound impact not just on Our main survey this year covered respondents in 40 markets, our health and our communities, but also on the news media. -
Farm-Direct Marketing: Merchandising and Pricing Strategies
Farm-direct Marketing #3 PNW 203 Merchandising and Pricing Strategies Merchandising refers to the set of strategies that direct marketers use to The Farm-direct make sales. It includes: Marketing Set • Product selection A farm-direct marketing business provides • Processing and packaging both attractive opportunities and unique • Pricing challenges to farm families. The farm-direct • Display marketing series of Extension publications • Inventory control offers information about establishing and developing a range of farm-direct • Advertising enterprises. • Customer service Other publications in the series are: In summary, merchandising is the art of selling. • An Overview and Introduction (PNW 201) • Costs and Enterprise Selection (PNW 202) Merchandising Plan • Location and Facilities for On-farm Sales (PNW 204) Your overall merchandising goal is to sell your products as profitably as • Personnel Management (PNW 205) possible and to build satisfaction and repeat sales. To achieve this goal, you should • Financial Management (PNW 206) develop a comprehensive merchandising plan. Success in merchandising requires • Legal Guide to Farm-direct Marketing providing what the customer wants, where and when she wants it. Direct (PNW 680) marketing customers want a combination of excellent quality and good value • Food Safety and Product Quality (PNW 687) and expect some choice of products and package sizes. For these reasons, proper product selection and handling must be part of a successful merchandising plan. To learn more, consider one of the online courses offered by Oregon State University, Because customers are attracted by a diversity of offerings, effective Washington State University, and University merchandising actually begins with your farm production decisions. Your farm of Idaho: stand or farmers market booth becomes increasingly attractive to customers as it In Oregon—Growing Farms: Successful offers a greater range of the products that they want. -
Innovations in Retail Pricing and Promotions Dhruv Grewal A,∗, Kusum L
Journal of Retailing 87S (1, 2011) S43–S52 Innovations in Retail Pricing and Promotions Dhruv Grewal a,∗, Kusum L. Ailawadi b,1, Dinesh Gauri c,2, Kevin Hall d, Praveen Kopalle b,3, Jane R. Robertson e a 213 Malloy Hall, Babson College, Babson Park, MA 02457, United States b Tuck School at Dartmouth, Dartmouth College, 100 Tuck Hall, Hanover, NH 03755, United States c Whitman School of Management, Syracuse University, 721 University Ave, Syracuse, NY 13215, United States d The Integer Group, United States e Dallas Market Center, United States Received 22 April 2011; accepted 25 April 2011 Abstract Retailers confront a seemingly impossible dual competitive challenge: grow the top line while also preserving their bottom line. Innovations in pricing and promotion provide considerable opportunities to target customers effectively both offline and online. Retailers also have gained enhanced abilities to measure and improve the effectiveness of their promotions. This article synthesizes recent advances in pricing and promotions findings as they pertain to enhanced targeting, new price and promotion models, and improved effectiveness. It also highlights the role of new enabling technologies and suggests important avenues for further research. © 2011 New York University. Published by Elsevier Inc. All rights reserved. Keywords: Pricing; Promotion; Value; Retail strategy; Targeting; Retail technology In 2008, total U.S. retail sales climbed over $3.9 trillion (U.S. 2009), Grewal, Levy, and Kumar (2009), Grewal et al. (2010), Census Bureau 2008), of which approximately $1.4 trillion came Kopalle et al. (2009a), Levy et al. (2004), Neslin (2002), from food, beverage, drug, and department stores and approx- Puccinelli et al. -
Dynamic Pricing: Building an Advantage in B2B Sales
Dynamic Pricing: Building an Advantage in B2B Sales Pricing leaders use volatility to their advantage, capturing opportunities in market fluctuations. By Ron Kermisch, David Burns and Chuck Davenport Ron Kermisch and David Burns are partners with Bain & Company’s Customer Strategy & Marketing practice. Ron is a leader of Bain’s pricing work, and David is an expert in building pricing capabilities. Chuck Davenport is an expert vice principal specializing in pricing. They are based, respectively, in Boston, Chicago and Atlanta. The authors would like to thank Nate Hamilton, a principal in Boston; Monica Oliver, a manager in Boston; and Paulina Celedon, a consultant in Atlanta, for their contributions to this work. Copyright © 2019 Bain & Company, Inc. All rights reserved. Dynamic Pricing: Building an Advantage in B2B Sales At a Glance Nimble pricing behavior from Amazon and other online sellers has raised the imperative for everyone else to develop dynamic pricing capabilities. But dynamic pricing is more than just a defensive action. Pricing leaders use volatility to their advantage, capturing opportunities in market fluctuations and forcing competitors to chase their pricing moves. Building better pricing capabilities is about more than improving processes, technology and communication. Pricing leadership requires improving your understanding of customer needs, competitors’ behavior and market economics. Dynamic pricing is not a new strategy. For decades, companies in travel and transportation have system- atically set and modified prices based on shifting market and customer factors. Anyone who buys plane tickets should be familiar with this type of dynamic pricing, but what about other industries? Does dynamic pricing have a role? Increasingly, the answer is yes. -
Attention Capture and Transfer in Advertising
Rik Pieters & Michel Wedel Attention Capture and Transfer in Advertising : Brand, Pictorial, and Text-Size Effects The threé key ad elements (brand, pictorial, and text) each have unique superiority effects on attention to adver- tisements', which are on par with many commonly held ideas in marketing practice . This is the main conclusion of an analy is of 1363 print advertisements tested with infrared eye-tracking methodology on more than 3600 con- sumers. he pictorial is superior in capturing attention, independent of its size . The teat element best captures attention n direct proportion to lts surface size . The brand element most effectively transfers attention to the other elements ., Only increments in the text element's surface size produce a net gain in attention to the advertisement as a wholle. The authors discuss how their findings can be used to render more effective decisions in advertising . a~azines are an important advertising medium, as sumers' memory (Diamond 1968 ; Finn 1988 ; Hanssens and ililustrated by their projected 13% share of ad Weitz 1980; Twedt 1952), but attention to advertisements spending in 2003 in the United States and the even cannot be directly inferred from consumers' memory for greaterM shares in countries such as France (32%), Germany them, because different psychological processes are (24%), Italy (15%), the Netherlands (27%), and the United involved with distinct antecedents . There is no research on Kingdom 16%) (International Federation of the Periodical the simultaneous effects of the size of the brand, pictorial, Press 200': ). To reach consumers effectively and to commu- and text elements on consumers' attention patterns . -
PRICING and ADVERTISING of CONSUMER ITEMS Act 449 of 1976
PRICING AND ADVERTISING OF CONSUMER ITEMS Act 449 of 1976 AN ACT to regulate the pricing of consumer items and the advertising of consumer items, services, goods, merchandise, commodities, and real property; to prescribe the powers and duties of certain state and local officials in relation thereto; to provide remedies and penalties; and to repeal certain acts and parts of acts. History: 1976, Act 449, Eff. Jan. 1, 1978. Popular name: Scanner Law Popular name: Item Pricing Act The People of the State of Michigan enact: 445.351 Definitions. Sec. 1. As used in this act: (a) “Advertising” means all representations disseminated in any manner by any means for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of a consumer item, service, good, merchandise, commodity, or real property. (b) “Automatic checkout system” means an electronic device, computer, or machine which determines the price of a consumer item by using a product identity code, and may but is not required to include an optical scanner. (c) “Class of item” means a group of consumer items which may vary by brand, style, pattern, color, or size other than weight or volume. Items within a class must otherwise be identical and offered at the same total price. (d) “Consumer item” means an article of tangible personal property used or consumed, or bought for use or consumption, primarily for personal, family, or household purposes. (e) “Director” means the director of the department of agriculture or his authorized representative. (f) “Person” means an individual, firm, partnership, corporation, association, or other legal entity.