Enterprise Positioning: Chapter Outline
Enterprise Positioning: Chapter Outline
Enterprise Positioning: Chapter Outline
CHAPTER
ENTERPRISE POSITIONING
CHAPTER OUTLINE
CORPORATE STRATEGY
Strategic Alternatives
Strategic Alternatives: Conclusion
Mission Statement
Objectives
CUSTOMER ANALYSIS
Defining the Market
Market Segmentation
COMPETITIVE ANALYSIS
Industry Structure
Identification and Assessment of Competitors
INTERNAL ANALYSIS
Performance Analysis
Functional Strengths And Weaknesses
ENVIRONMENTAL ANALYSIS
Sociocultural Environment
Technological Environment
Economic Environment
Legal Environment
CHANNEL OBJECTIVES
Market Coverage and Distribution Intensity
Channel Control
Flexibility
SUMMARY
A fundamental responsibility of corporate management is to continuously position the enterprise to exploit
the changing market environment. Management must monitor and assess the marketplace, competitive
activity, economic conditions, laws and regulations, consumers and customers, and other significant factors
impacting the firm’s strategic position. As general strategies are developed to cope with environmental
opportunities and threats, distribution channel strategies must be formed to effectively link the firm with
its markets.
This chapter begins with a discussion of the broad strategic alternatives that face management in the
contemporary competitive environment. As depicted in Figure 51, the discussion proceeds with the,
importance of defining a clear corporate mission and a set of goals and objectives to guide the formulation
of strategy. Attention is then focused on the analytic requirements for development of strategy. Analysis of
customers, competition, internal operations, and the environment are each discussed, with emphasis
placed on how these analytic processes influence strategic options available to an organization. The
chapter concludes with a discussion of channel objectives, which are derived from an organization’s general
strategic posture. These objectives guide specific marketing and logistics channel strategies, which are the
subject of Chapters 6 and 7. The purpose of the chapter is to establish the foundation for channel
management within the context of the firm’s corporate strategy.
CORPORATE STRATEGY
While there are numerous frameworks for corporate strategy planning, Andrews, a wellknown expert in
corporate strategy, offers the following basic description: “Corporate strategy defines the businesses in
which a company will compete, preferably in a way that focuses resources to convert distinctive
competence into competitive advantage.” Thus, a clear definition of what constitutes the core business
serves to focus a firm’s unique position in the competitive marketplace. Firms must develop a process that
results in astrategy to gain differential advantage in a significant segment of the market. The elements of
a strategic management process are described in this section.
Strategic Alternatives
Michael Porter has articulated three basic strategies a firm may follow to develop industry position and
generate superior profitability: cost leadership, differentiation, and focus. Each broad strategy places
different requirements upon marketing performance and necessitates differences in channel structure.
Each generic strategy is discussed in terms of channel requirements.
Cost Leadership A costleadership strategy involves producing and distributing products at the very
lowest perunit cost possible for pricesensitive customer segments. The primary competitive advantage
achieved by cost leadership is a perunit cost structure that yields high market share and aboveaverage
profitability. The strategy is to insulate the firm from competition by having it achieve higher profit
margins than current or potential competitors.
A costleadership strategy is frequently associated with lowcost production, technological improvements in
processes, and continued capital investment. However, when distribution costs in an industry are high,
creative channel strategies can also lead to a lowcost position within an industry. In the computer
industry, for example, mailorder firms have thrived. These firms appeal to customers who have little need
for the extra services offered by computer retailers or who choose to fulfill their need for these services in
an alternative manner. The lowcost structure of nonstore retailing offers significant cost advantages over
fullservice retailers.
Differentiation A differentiation strategy emphasizes product or service uniqueness in a manner that is
meaningful to nonpricesensitive customers. The uniqueness can be achieved through design,
performance, quality, or meaningfully differentiated distribution networks and service offerings. A firm
attempts to protect itself from competition by developing high brand or customer loyalty through
differentiation.
The classic example of differentiation achieved through distribution occurred when Hanes introduced the
L'eggs brand of hosiery. At a time when competitors utilized conventional channels such as department
stores and women’s clothing stores, L’eggs were being positioned in supermarkets and drugstores, thanks
to a new, unique package design that facilitated distribution. Within a few years, the brand commanded
leading market share in the industry.
Focus A focus strategy involves concentration on a particular market segment in an industry. Whereas
cost leadership and differentiation are typically aimed at an entire industry, focused strategies are
designed to appeal to unique market segments. The focused competitor attempts to insulate itself from
competition by serving a narrow market more efficiently or effectively than firms that are competing for
the bulk of the market.
A firm employing a focus strategy may also seek advantage through differentiation or cost leadership, or a
combination of the two strategies. The key to the focus strategy is presenting the productservice offering
in a manner that is very appealing to a unique segment of buyers. Snapon Tools successfully focuses on a
narrow market of professional mechanics. Snapon offers a line of very high quality tools that are
distributed directly to mechanics by a nationwide network of delivery vans. Although Snapon products are
higherpriced than competing tools, the company has developed a successful position by concentrating on
the needs of its market for quality and rapid service.
Strategic Alternatives: Conclusion It is important to realize that in a given industry, competing firms
may simultaneously attempt to gain advantage by employing any one of the three aforementioned generic
strategies. A typical example is in consumer television. General Electric follows essentially a cost
leadership strategy. It manufactures a broad line of lowpriced televisions that are distributed nationally
through multiple distribution channels. GE televisions are sold in a wide variety of retail electronics
outlets ranging from traditional dealers to massmerchandise stores such as K mart, Sears and WalMart,
and even in selected supermarkets and drugstores.
Sony, on the other hand, employs a differentiation strategy. It is well known for quality televisions,
broadly advertised, which are available primarily through specialty television and electronics outlets or
upscale department stores.
Curtis Mathes has employed a focus strategy aimed at riskaverse consumers; it emphasizes very high
quality products backed by sixyear product guarantees. Curtis Mathes televisions are distributed through
a limited network of franchised dealers that sell only Curtis Mathes electronics.
This example illustrates how three successful firms in the same industry can differentiate strategically,
While employing diverse strategies that require various products and different distribution channels, each
can achieve significant profitability and return on investment. The next section explores the process by
which a firm determines an appropriate competitive posture within an industry.
Mission Statement
Every business organization is established for some intended purpose. For a typical business firm, the
fundamental purpose is usually expressed in the mission statement. The mission is a general statement of
the markets that the firm plans to serve which includes some indication of how the firm intends to position
itself. A mission statement can also describe opportunities that the firm’s management perceives as being
available in the market and detail how resources will be deployed to reach specific goals. The process of
developing a mission statement is not as simple as it may seem. A mission statement too narrowly defined
may result in management overlooking many exciting opportunities upon which the enterprise could
capitalize. On the other hand, a mission statement too broadly defined could fail to provide clear direction
to the employees and managers who must seek to reach specific goals.
Most business organizations begin operations with a clear and focused mission. However, over time, due to
operational problems, continued growth, and unexpected opportunities, the original mission may lose its
clarity and fail to reflect what a firm is really all about. Thus, management must continuously evaluate
opportunities in terms of resources and capabilities, and ask itself such vital questions as: What really is
our purpose? Who are our customers? What values do we provide to our customers? What should our
business be in the future? The answers to these questions should lead to continuous revision and
reconfirmation of the mission statement. Management also'has a responsibility to both incorporate ideas
into the mission Statement and communicate any revisions to all personnel within the organization. The
mission statement provides personnel with a sense of responsibility, a sense of direction, and a greater
understanding of their role in the firm.
Consider the following example of a mission statement elaborated by Sears management in the mid1970s
“Sears is a family store for middle class, homeowning America. We are the premiere distributor of durable goods for
these families, their homes and their automobiles. We are the premiere distributor of nondurable goods that have their
acceptance base in function rather than fashion. . . . We are valued by middle class America for our integrity, our
reputation for fair dealing, and our guarantee. . . . We are not a fashion store. We are not a store for the whimsical nor
the affluent. We are not a discounter nor an avantguarde department store. We are not, by the standards of the trade
press or any other group of bored observers, an exciting store. We are not a store that anticipates. We reflect the world of
middle America and all of its desires and concerns and problems and faults and we must all look on what we are and
pronounce it good, and seek to extend it, and not be swayed from it by the attraction of other markets no matter how
enticing they might be.”
While recent events have resulted in a significant reorientation of Sears’ basic mission, it is clear that the
target market of the 1970s consisted of middleclass, homeowning Americans. It was also clearly defined
how Sears planned to service this market segment with goods and services that were based in function
rather than in fashion. The mission statement also specified management’s perception of Sears’ major
strengths: integrity, reputation, and guarantee. It provided a sense of direction by clearly defining the
merchandise assortment to be sold. However, in the 19805 Sears seemed to lose sight of that mission and
move into fashion merchandise, new product lines, and soft goods. The resulting impact on the firm was
deterioration in profitability, the loss of clear direction, and finally a need to refocus.
Objectives
The mission statement offers a broad vision of what an enterprise seeks to achieve and its general code of
conduct. The next step in the strategic management process is to develop more specific objectives. This
actually may be thought of as a process of developing a hierarchy of objectives, gradually refining the
objectives into more specific statements of expected accomplishments. In general, each enterprise has two
types of objectives: financial and market. Management has traditionally focused primarily on profit as the
financial objective. However, over time there has become an increasing awareness that profit, in and of
itself, is not a meaningful measurement. Of much more importance is the firm’s return on investment: the
relationship between net profit and the investment that is needed to produce that profit. Much more will
be said about financial performance in Chapter 11.
There are many different types of market objectives. They may be specific statements delineating target
markets consistent with the mission statement. Or they may he figures relating to sales volume or market
share to be achieved in each target market. While it may be appealing to state market and financial
objectives independently, they cannot be separated in practice. It is by the fulfillment of market objectives
that financial results are realized.
The process of developing and implementing corporate mission and objectives involves careful analysis of
customers, competition, internal capabilities, and the forces at work in the external environment.
CUSTOMER ANALYSIS
Because businesses exist to serve customers, the beginning point in developing competitive strategy is
customer analysis. To establish a strategic edge over its competition, the firm must define the broad
market it intends to serve, segment the market, and identify specific segment(s) it intends to concentrate
upon. In this section, the steps in customer analysis that are essential for the development of a competitive
strategy are reviewed.
Defining the Market
Proper market definition is critical to strategic success. It is a difficult task, however, since markets can be
defined in a wide variety of ways. Frequently, markets are
FIGURE 52 Threedimensional market definition: cooking appliances. Source: Reproduced from Subhash
C. Jain, Marketing Planning and Strategy, 2d ed., Cincinnati: SouthWestern, 1985, p. 367 with the
permission of SouthWestern Publishing Co. Copyright 1985 by SouthWestern Publishing Co. All rights
reserved.
defined in terms of products or product classes. For example, it is common to hear people speak of “the
automobile market” or “the softdrink market.” Such market descriptions imply that buyers of products are
relatively homogeneous in needs and can therefore be defined in terms of those products. In fact, the
underlying delineating factor in market definition should be customer need. An effective strategy develops
a way to satisfy customer needs better than competitors. A second factor useful for defining a market is the
type of basic technology that is utilized. In some situations, such as home entertainment, several different
technologies may be employed to satisfy a particular customer need. For example, stereos, phonographs,
tape players, or compact disc players represent different technologies for music reproduction. The third
factor in defining a market is the customer group(s) served. Each customer group typically has a preference
for a somewhat different product or service. To establish an effective market definition, the range of
alternative customer segment(s) must be considered.
Figure 52 illustrates the threedimensional approach to market definition. In the example, three
alternative customer needs are identified, each of which can be satisfied with different technologies, and
may be required by three different customer segments.
A specific firm may choose to define its market narrowly (baking in household with gas appliances) or quite
broadly (all cooking needs and technologies). The decision in terms of market definition is critical to the
analysis of competition and the development of specific strategy. From the standpoint of distribution, for
example, quite different channels would be necessary for the distribution of charcoal broilers to
restaurants than for the marketing of naturalgas ovens to households.
Market Segmentation
Even given the definition of customers illustrated in Figure 52, each “group” could be further subdivided
into finer segments. Since different buyer segments tend to seek different benefits, not only in terms of
product features, but also in terms of purchasing convenience, product availability, and servicing, channel
strategy must be responsive to heterogeneous demands. Clearly, for example, household users of cooking
appliances differ in their needs for specific features, their preferences for where to shop, the amounts they
want to cook, the prices they want to spend, and a multitude of other factors. The various bases for specific
market segmentation are discussed in Chapter 6, where their direct relevance to design of specific
distribution channels is discussed. The broad market definition developed at this stage of analysis provides
the parameters for determining certain critical information: market size and growth rates, sales patterns
and cycles, and overall attractiveness of an industry. This information can be used as a guide for the
evaluation of strategic opportunities. It also provides the necessary foundation for identifying the
competitive arena in which the firm will operate and the specific competitors. Broad market segments
must be identified for the purpose of developing a strategic position, but more specific segment
identification and analysis is necessary to implement distribution channel strategy.
COMPETITEVE ANALYSIS
The second major analytic process in developing a strategic position is competitive analysis. The
fundamental purpose of strategy is to beat competition. Competitive analysis begins with an examination
of the structure of an industry. This structural overview provides insight into the attractiveness of an
industry and the competitive rivalry. Competitors must be identified and their strengths and weaknesses
assessed to understand how different firms in the market are likely to perform with and respond to a new
competitor entering the marketplace.
Industry Structure
Michael Porter’s fivefactor model of industry structure is reproduced in Figure 53. The model focuses on
the causes of competitive intensity within an industry. Each of Porter’s five forces are directly related to
distribution channel structure.
Competitive rivalry is a function of the number of competitors and their relative sizes, similarities in
strategies, asset and cost structures, and exit barriers. Generally,
FIGURE 53 Porter's industry structure analysis
in industries dominated by a few large firms competition is less intense than in industries in which all
competitors are relatively the same size. Industries with high fixed costs tend to have high levels of
competitive intensity due to companies’ desire to fully utilize assets. If competitors have highly
differentiated strategies, there is less competitive intensity and price cutting. Finally, exit barriers such as
specialized assets or contracts and commitments to customers may serve to increase rivalry.
New players that enter an industry are likely to increase competitive rivalry. If there are significant
barriers to entry, however, this threat is reduced. Barriers to entry may be cost related, such as the need
for significant capital investment, the existence of large economies of scale, or distribution arrangements
that are difficult to duplicate. Barriers to entry may result from new firms having difficulty in gaining
access to distribution channels necessary for success or from the existence of high levels of customer
loyalty to the existing firms in an industry.
Substitute products affect industry competition by providing a ceiling on prices in the industry and a
benchmark for product performance. Substitutes are products that provide the same function or the same
benefit for customers but have different features. For example, soft drinks were originally packaged only in
glass bottles. Development of cans (and, later. plastic bottles) as substitute products had major
implications for producers of glass bottles.
Substitutes that have similar price and performance attributes and for which the customer’s cost of
switching is low are of particular importance. For example, as doublestack containers improved delivery
performance of railroads, significant pressure was placed on longhaul trucking firms to improve price and
performance offerings.
The main factor influencing suppliers’ power is their ability to supply material. products, and services that
affect the prices and strategies of their customers. Suppliers’ power is also directly related to the number of
suppliers and their concentration. the costs to customers of switching to alternative suppliers, the
availability of substitutes, and the potential of suppliers for forward integration.
Buyers’ power refers to the ability of customers in an industry to keep prices low and demand more
services. The factors influencing buyers’ power are similar to those influencing suppliers’ power. When the
number of customers is limited, when a customer’s purchases are a large proportion of the seller’s output,
or when there is high potential for backward integration, buyers can significantly affect profitability in an
industry by keeping prices low and/or demanding higher levels of service performance. A full discussion of
power, power sources, and leadership is presented in Chapter 9.
Identification and Assessment of Competitors
While examination of an industry’s structure is an important first step in competitive analysis, more
specific information concerning individual competitors and their capabilities is required when a strategic
position is being developed. In many instances, the primary competitors are quite visible and easily
identified. John Deere competes in the lawn tractor business with such brands as Toro, Lawn Boy, Murray,
Roper, and Cub. It is frequently useful, however, to look more closely to related competitors that fulfill the
same generic customer need. Thus, John Deere could also define its lawn tractor competitors as all lawn
mowers or even lawn maintenance services.
Once the competitive set. is identified, there are four basic questions that must be answered about all
competitive firms:
1. What are the competitors’ major objectives?
2. What is the current strategy being employed by the competitors to achieve their objectives?
3. What are the capabilities of the competitors’ to implement their strategies?
4. What are likely future strategies for the competitors?
The methodologies employed to answer these questions are beyond the scope of this text. However, the,
answers themselves are critical to a firm in the development of its own strategic position and channel
strategy.
INTERNAL ANALYSIS
Customer and competitive analysis are key steps in strategic positioning. Just as important is a clear,
unbiased evaluation of a firm’s own capabilities. A critical assessment of a company’s strengths and
weaknesses can be a painful process for management. It forces managers to identify things they have done
well and can continue to do well and requires them to identify weaknesses and limitations. Without a
factual assessment, however, it will not be possible to objectively develop a firm’s strategy. Internal
analysis begins with an examination of the firm’s performance. The second step is an assessment of
strengths and weaknesses in each functionai operation. To be effective. an internal analysis can not ignore
any significant aspect of a firm’s overall performance.
Performance Analysis
Evaluation of past performance is invaluable since it provides insight into the firm‘s strategy and success.
This evaluation must consider performance in terms of financial performance as well as market standing‘
Chapter 11 provides a comprehensive framework for performance analysis, with specific attention paid to
the measurement of distribution channel strategy performance.
Functional Strengths and Weaknesses
Table 51 provides a checklist of the areas for analysis of strengths and weaknesses. The first area of
concern is production. Even nonmanufacturing firms should consider production capabilities in the sense of
their cost structure, flexibility of operations, capacity, and similar concerns. These aspects of operations
determine the ability of a firm to adapt tovdifferent strategic options.
The second area is finance and whether the firm has or can acquire needed funds. The firm’s balance sheet
condition, liquidity, and overall financial “health” influence its ability to implement its strategy. Consider,
for example, the ability of WalMart as opposed to a small local retailer to develop and implement an
expansion strategy.
Marketing is a third area of concern. A firm’s productquality reputation, name recognition, customer
loyalty, distribution channels, and the like may be strengths or weaknesses that will affect its strategic
position.
The fourth general area is management itself. The capabilities, Iquality, and even the depth of
management talent are important factors in determining a firm’s ability to develop and implement
strategy. For example, a major reason for Coleman's divestiture of the popular Hobie Cat line of sailboats
was the lack of management expertise and experience in the distribution channels for that product
category. In fact, several studies of business performance in the past decade have indicated that the most
successful firms “stick close to the knitting,” limiting themselves to the areas in which management has its
experience and expertise.
ENVIRONMENTAL ANALYSIS
Environmental analysis is concerned with identifying trends, opportunities, threats, and limitations that
will affect and influence a firin’s strategic position. In this section, the sociocultural, technological,
economic, and legal environments that strategic planners must accommodate are discussed. Particular
attention is given to the legal environment. not because it is more important than the others, but because
culture. economics. and technology and their affect on specific decisions in channel design and strategy are
discussed throughout the text.
TABLE 51 CHECKLIST FOR INTERNAL ASSESSMENT
Production
Cost structure
Flexibility Equipment
Capacity
Work force
Finance
Balance sheet condition
Profitability
Working capital
Ability to attract capital
Marketing
Quality
Differentiation
Customer loyalty
Name recognition
Product line
Sales force
Advertising/promotion skills
Distribution capabilities
Channel relationships
Segmentation
Management
Expenence
Depth
Expertise
Culture
Creativity
Organization
Sociocultural Environment
The sociocultural environment, perhaps more than any other, is directly involved with shaping the nature
of consumers’ needs and preferences. Such factors as changing cultural values or social norms have a
major impact on individual preferences for products and the way in which those products are distributed.
Consider, for example, the trend toward consumer demand for convenience in satisfying hunger. This
trend has had a major impact on all levels of the food distribution channel, An increasing share of the
consumer’s food dollar has shifted to awayfromhome eating establishments. Restaurants and fastfood
outlets have significantly increased their share of the food dollar. Food manufacturers and processors have
responded by focusing more attention on the distribution channels required to reach those outlets.
Simultaneously, grocery stores and supermarkets have responded to this competition by introducing more
convenience for consumers through such devices as instore salad bars and deliprepared food sections.
A second example of sociocultural impact is visible in increased concern for health and physical wellbeing.
This concern, coupled with increasing cost of traditional means of health care, has led to the development
of new forms of distribution for health care services. Hospital satellite clinics and visiting nurse programs
are two manifestations of these changes.
These are only two examples of the impact of culture on distribution channels. Other cultural trends such
as the desire for immediate gratification, increased numbers of females in the workplace, concern for
physical fitness, and changes in family structure all have their implications for strategy development in
general, and distribution channels in particular.
Technological Environment
The technological explosion of the postWorld War II period seems in no danger of ending. New technology
means new products as well as new ways of conducting business, Within the realm of new products, one
need only consider that just a few years ago the idea of inhome computers seemed farfetched. Today, in
home computers are a reality. Within the realm of business operations, the development and adoption of
new technology has had a tremendous impact on the efficiency and effectiveness of organizations and has
considerable potential for increasing productivity. For example, increased automation and new
applications of information processing equipment are just two ways in which companies have attempted to
increase the efficiency of their operations.
Technology has had an impact on distribution that extends far beyond simple automation and increased
efficiency of existing channels. New technological developments have, in fact, transformed distribution
networks and created new channels. Consider, for example, the development of cable television and
satellite shopping networks as new forms of retail distribution, and the use of information technology (as
discussed in Chapter 12) in forging new relationships among distribution channel partners. It can only be
expected that these and other technological advancements will continue to find increasing application.
Perhaps the major problem is that technological change may occur more rapidly than people are prepared
to adapt.
Economic Environment
The economic environment shapes the consumer’s ability to pay for goods and services, While there are
enumerabie forces within the economic environment that are of great importance to strategic planning, a
few of the more important ones include unemployment, inflation, recession, and disposable income. The
strategic planner must constantly be aware of changes within these forces that may ultimately result in
changes in consumer’s ability to pay for goods and services offered by a firm. For example, a rise in
consumers’ disposable income or a change in the distribution of disposable income among the population
may open new market segments or bring new consumers into existing market segments for the firm’s
products or services. On the other hand, increasing unemployment rates maychange the nature of demand
for specific products, services, or stores. When unemployment rates increase, consumers may delay certain
purchases, choose to trade down in the types of products they purchase, or look for lowercost distribution
outlets. Regardless, changes in economic conditions have significant impact on consumer markets with
resulting consequences for corporate strategy and distribution alternatives.
Legal Environment
The legal framework that regulates business is a complex and constantly evolving phenomenon. Federal,
state, and local governments all have the power to impose restrictions through legislative, administrative,
and judicial processes.
Major Legislation The following federal statutes, all of which affect channel relationships, are reviewed:
the Sherman Antitrust Act, The Clayton Antitrust Act, the
Federal Trade Commission Act, the RobinsonPatman Act, and the CellerKefauver Act. Other statutes
affecting business are more concerned with regulation of enterprises than with relationships between
enterprises. A review of the major provisions of each act follows.
The Sherman Antitrust Act, 1890 Often referred to as the “antitrust law,” this act is aimed at
protecting the public from monopoly. It is grounded in the belief that competition is the only form of
economic activity that can stimulate growth through innovation, lead to efficiency in operation, and result
in low prices to the consumer. Section 1 of the Sherman Act prohibits contracts, combinations, and
conspiracies in restraint of trade or commerce A contract or a conspiracy is either a written instrument or
an implied agreement that may be legal in itself but which may be illegal under the Sherman Act if the
effect is to restrain commerce or trade. Section 2 attempts to prevent any action that results in the
monopolization of any part of interstate or foreign commerce. Whenever an excessive concentration of
market power appears to be vested in a single firm, the courts may order dissolution and divestiture.
The Clayton Antitrust Act, 1914 This act was designed to prevent situations that tend to lessen
competition or create a monopoly. The Sherman Antitrust Act was not fully adequate to such cases. Under
the Clayton Act, proof of violation is easier since it prohibits those situations which tend to lessen
competition or create a monopoly. Under the Sherman Act it was necessary to prove that the action
actually did lessen competition or create a monopoly. The Clayton Act prohibits interlocking directorates
(individuals serving on the board of directors of two or more competing firms), price discrimination. tying
contracts, and exclusive dealing. At the same time that the Clayton Act was passed, the Federal Trade
Commission (FTC) was established to enforce the Clayton Act and related laws.
The Federal Trade Commission Act, 1914 In addition to creating the FTC, this act specified that all
“unfair methods of competition" were unlawful. Congress did not specify which unfair methods it meant,
but it left the determination to the FTC. The law was passed in an attempt to stop those acts that were not
illegal under the Sherman Act or the Clayton Act. As we shall see later, an act by a business may fall short
of violation in a judicial proceeding but can be stopped by a “cease and desist” order from the FTC.
The RobinsonPatnmn Act, 1936 The Clayton Antitrust Act, although designed to prohibit price
discrimination, was inadequate since it allowed for discrimination in price “on account of difference in the
grade, quality, or quantity of the commodity sold, or that make only due allowance for difference in the cost
of selling or transportation." This provision allowed many large retailers to use their buying power to
negotiate for discriminatory prices. The RobinsonPatman Act was passed as an amendment to the Clayton
Act in an effort to specify illegal price discrimination.
Major provisions of the RobinsonPatman Act are as follows. Section 2(a) defines an illegal price
discrimination. An illegal price discrimination exists when different prices are charged for goods of “like
grade and quality . . . where the effect of such discrimination may be substantially to lessen competition or
tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any
person who either grants or knowingly receives the benefit of such discrimination, or with customers of
either of them.” The section then grants two important exclusions: (l) “differentials which make only due
allowance for differences in cost of manufacture, sale or delivery resulting from the differing methods or
quantities . . . sold or delivered,” and, (2) differentials “in response to changing conditions affecting the
market . . such as . . . actual or imminent deterioration of perishable goods, obsolescence or seasonal goods,
distress sale under court process or sales in good faith in discontinuance of business in the goods
concerned.” Section 2(a) provides three defenses to charges of price discrimination. First, a costsavings
defense is implied in the act, but the courts have not been willing to accept a standard for measuring cost.
Second, sale of goods is legal under changing conditions such as deterioration, obsolescence, or seasonal
goods, or distress sale under court order, or discontinuance of the goods. Finally, price discrimination is
legal when there is no injury to competition. Section 2(b) states that “the burden of rebutting the prima
facie case of discrimination thus made by showing justification shall be upon the person charged. . . Thus,
the burden of proof in pricediscrimination cases is “showing that the lower price or the furnishing of
service or facilities to any purchaser or purchasers was made in good faith to meet an equally low price of a
competitor, or the services of facilities furnished by a competitor.”
In the 19205 and early 1930s, large retailers were able to extract lower prices by billing the seller for
brokerage services provided by a brokerage subsidiary of the buyer. The payments by the seller amounted
to a reduction in the sale price and were interpreted as price discrimination. Therefore, Section 2(c) of the
RobinsonPatman Act attempts to prevent price discriminations arising through payment of unearned
brokerage fees to a buyer. It states that “it shall be unlawful for any person engaged in commerce . . . to
pay or grant, or to receive or accept, anything of value as a commission, brokerage or other compensation,
or any allowance or discount in lieu thereof . . . either to the other party to such transaction or to an agent,
representative or other intermediary . . . where such intermediary is acting in fact for or in behalf, or is
subject to the direct or indirect control, of any party to such transaction other than the person by whom
such compensation is so granted or paid.”
Another common practice was for larger buyers to extract promotional allowances from sellers for
cooperative advertising. To the extent that these allowances were not offered to all buyers or were never
used for promoting, they were a way. of granting a discriminating price. Section 2(d) was inserted to
prevent discrimination in price arising from payment of such promotional allowances by the seller to some
customers. It states “that it shall be unlawful . . . to pay or contract for the payment of anything of
value . . . in connection with the processing, handling, sale or offering for sale . . unless such payment . . . is
available in proportionately equal terms to all other customers competing in the distribution of such
products or commodities.”
Rather than offering promotional allowances, a seller may have made the services of a demonstrator
available to a retailer. Such arrangements were common in the cosmetics industry. The demonstrator
acted as a salesperson and, in effect, provided a service at no cost to the buyer. Since the buyer did not
incur the cost of providing this service, it amounted to a discrimination in price. Section 2(6) makes this
practice illegal if offered “upon terms not accorded to all purchasers on proportionately equal terms.”
The activities described in Sections 2(d) and 2(e) of the RobinsonPatman Act were considered legal if they
were made in “proportionately equal terms” to all customers. However, the Federal Trade Commission and
the courts have had a difficult time interpreting “proportionately equal terms." For example, a
manufacturer’s offer of a 5 percent cooperative advertising allowance may be meaningful for a large
retailer who often advertises but meaningless to a small retailer who rarely uses advertising.
Section 2(f) makes it illegal “knowingly to induce or receive a discrimination in priCe which is prohibited
by this section." Thus, a buyer who receives the benefit of pricc discrimination may be subject to the same
penalties as the supplier who grants the price differentials. Enforcement of the RobinsonPatman Act was
delegated to the Federal Trade Commission. The enforcement procedure is described in the section dealing
with administrative law.
The CellarKefauver Act, 1950 Section 7 of the Clayton Antitrust'Act, which prohibits acquisitions or
mergers tending to lessen competition or to create a monopoly, was inadequate for the scrutinizing of the
large number of acquisitions occurring in the 19405 and 19505. That act required proof that the acquisition
of stock had a reasonable probability of lessening competition. The CellerKefauver Act of 1950 was passed
as an amendment to Section 7 of the Clayton Antitrust Act to slow the tide of acquisitions and mergers. It
prohibits acquisition of stock or assets if the result is a tendency to lessen competition or create a
monopoly. It further changed the wording of the Clayton Antitrust Act, which originally stated that there
must be a tendency to lessen competition between the corporation whose stock is being acquired and the
acquiring corporation This wording implied that horizontal mergers were prohibited but vertical mergers
were not. The CellerKefauver amendment simply states “where the effect may be to lessen competition
substantially in any line of commerce in any section of the country.”
Figure 52 contains the major legislative acts applicable to interorganizational relationships found in a
channel of distribution, Other acts, such as the Lanham Act (trademarks), the Consumer Product Safety
Act, the Hazardous Substances Act, the National Environmental Policy Act, and the Cooperative Research
and Development Act, can be relevant since they regulate institutions in the channel, but they influence
channel relationships only incidentally.
Administrative Law The increasing complexity of our societythe result of new technology and rapid
growth, changing social goals, and conflicting objectiveshas placed a heavy burden on the legislative,
executive, and judicial branches of government. Legislators do not have time to legislate all facets of our
lives; the judicial branch is inundated with an enormous backlog of cases. Furthermore, neither legislator
nor judge can be an expert in all areas needing regulation. To ease the burden, the legislature has
delegated part of the task to federal agencies and has conferred on them a quasijudicial capacity. Some of
these agencies at the federal 1revel are the Justice Department, the National Labor Relations Board, the
Occupational Safety and Health Administration, the Consumer Product Safety Commission, the Food and
Drug Administration, the Department of Transportation, the Interstate Commerce Commission, the
Securities and Exchange Commission, and, as we have already seen, the Federal Trade Commissions.
Enabling legislation is passed by Congress to create both the agency and the legislation it is to oversee. As
other legislation is passed, it is sometimes delegated to an existing agency for administration.
Judicial Processes Judicial law in the United States has its roots in English common law. Under
common law the courts “make the law” as they decide controversies brought before them. The doctrine of
stare decisis, whereby prior decisions provide precedents for subsequent cases involving similar legal
questions, has been adopted in this country. If no similar case has been adjudicated, the court renders its
decision and a precedent. is established for future cases. Common law is thus used to interpret legislation
and to create legislation when none exists.
In preparing for court under judicial law, an attorney spends a great deal of time reviewing past cases,
searching for legal precedents that the court will follow in rendering a decision. A single court decision is
usually not sufficient to establish a rule of law. Rather, a precedent is established when a rule of law is
cited by the courts over years in many different cases.
TABLE 52 APPLICABLE FEDERAL LEGISLATION AFFECTING CHANNEL RELATIONSHIPS
Maximum penalty
Act Year Provisions Applicable defenses Individual Corporate
Sherman 1890 1 Prohibits contracts, com 1 Prove the action did not lessen Up to $100,000 Up to $1,000,000,
Antitrust binations, and conspiracies on competition or create a monopoly and/or up to injunction,
Act restraint of trade or commerce three years in divestiture, triple
2 Prohibits any action that prison: a felony damages to injured
results in monopolizing any part party
of interstate or foreign commerce
Clayton 1914 1 If the result is to tend to lessen 1 Prove the action would not tend Criminal Injunction, triple
Antitrust competition or create a monopoly. to lessen competition or create a sanction for damages to injured
Act It prohibits: monopoly directors or party, time, civil
a Interlocking directorates agents; $5000 penalty
b Price discrimination and/or one year
c Tying contracts d Exclusive
dealing
Judicial law attempts to provide an element of certainty. It is retrospective in that it looks to the past for a
solution to disagreements among litigants. However, the sheer number of judicial decisions in federal
courts coupled with an equally large number in state courts renders judicial law anything but certain. Any
decision ultimately depends upon which set of legal precedents put forth by the plaintiff and the defendant
is determined applicable by the judge.
Major Recurring Legal Issues Although the legislative, judicial, and administrative processes
discussed above provide a foundation for the understanding of the legal environment, a number of specific
issues continue to reoccur in distribution arrangements. Although there are many such issues, the major
ones involve exclusive territories and exclusivedealing, tying agreements, discounts and allowances, collu
sion, price maintenance, and mergers.
Exclusive Territories and Exclusive Dealing Exclusive territorial arrangements and exclusive dealing
often occur together within a distribution channel. In utilizing exclusive territories for distributors, a
supplier will either agree to sell to only one distributor within a given geographic region or will require
that distributors restrict their selling activities to one specific region. Such arrangements may be desirable
for manufacturers of certain types of goods that require strong reseller support, as the purpose of the policy
is to encourage resellers to develop their regions without fear of being raided by another reseller of the
same brand. Exclusive territories have been used in the softdrink industry, where high capital investment
and strong effort by local bottlers are necessary to ensure effective market penetration for a brand. Fear of
competition by another bottler offering the same brand might discourage such efforts.
The legality of exclusive territorial agreements has been an onagain, offagain situation. In 1967, the U.S.
Supreme Court determined that exclusive territorial arrangements are per se violations of Section 1 of the
Sherman Antitrust Act if legal title to the goods has passed from seller to buyer. In that decision
concerning the Arnold Schwinn Company, the court reasoned that such arrangements are, in effect,
nothing more than attempts to divide the market and, therefore, represent contracts that restrict
competition. The court determined that they were violations of the law. However, in a 1977 case involving
GTE Sylvania, the same court overturned the Schwinn decision and determined that territorial
restrictions may be legal, and the “rule of reason” should be utilized in determining the legality of such
arrangements. The court ruled that, since exclusive territorial agreements can have positive benefits such
as promoting interbrand competition, inducing retailers to be more aggressive, helping smaller retailers to
compete against larger ones, and encouraging marketing efficiency, the extent to which intrabrand
competition is restricted should be balanced against the extent to which potential interbrand competition
is enhanced. The net result of these decisions is that the ability of a supplier to restrict dealers to specific
geographic territories, or to reward dealers with a geographic monopoly, has been severely limited.
An important distinction made by the courts is whether an agreement on exclusive territories is vertical or
horizontal. A horizontal agreement is one among firms at the same level of the distribution channel to
divide the market geographically. Such agreements have been judged to be illegal. Vertical agreements
between a supplier and its customers or dealers are subject to the ruleofreason analysis.
Tying In a tying arrangement, a seller refuses to sell one product unless the potential buyer agrees to
purchase other products. Since such arrangements often result in the buyer’s inability to deal with other
suppliers, the effect of tying may be exclusive dealing. Tiein agreements are not necessarily illegal but will
usually be judged so if the supplier is large enough to force a restraint of trade. For tying to be determined
illegal, five conditions must be met: (1) two distinct products or services must be present; (2) there must be
actual coercion by the seller, forcing the buyer to purchase the tied product; (3) the seller must have
sufficient market power to force purchase of the tied product; (4) there must be anticompetitive effects in
the tied market; and (5) a “not insubstantial” amount of interstate commerce must be in the tied market.
The growth of franchising as a means of conducting business has spawned considerable litigation because
franchisees are often required or strongly encouraged to purchase numerous products and/or services from
the franchisor. The fear exists that the franchisor may charge exorbitant prices for supplies and that other
suppliers will be excluded from the market. On the other hand, franchisors claim that such practices are
necessary to protect the image and quality of the franchise. In a decision concerning Kentucky Fried
Chicken, the opinion of the courts was that if a gain in quality resulting from such tieins is greater than
the detriment to competition, such arrangements are legal.
A special form of illegal tiein arrangement is known as fullline forcing. A man: ufacturer that attempts to
utilize this practice refuses to sell one item to a middleman unless that party agrees to handle the
manufacturer’s full line of merchandise. A farm equipment manufacturer required its retailers to buy and
display each of its products. Like other forms of tying, fullline forcing is also subject to ruleofreason
analysis. If the manufacturer does not prohibit the dealer from carrying competing lines, line forcing may
actually increase competition by making these other products (models of tractors, for example) available to
Consumers when they might not otherwise be stocked by the dealers.
Discounts and Allowances Although the RobinsonPatman Act and its provision had supposedly
clarified price discrimination, suppliers continue to seek ways to use various promotional, quantity, and
functional discounts in channel strategy. Most quantity and promotional allowances can be justified under
the provisions of the act. Recently, however, functional discounts have come under attack in a case
involving gasoline distribution. Historically, the RobinsonPatman Act was interpreted to allow suppliers
to give wholesale functional discounts to customers at different levels in the distribution chain as long as
the same discounts were available to all buyers at a given level in the channel Lower courts have ruled in a
Texas case that the size of discount given by Texaco to wholesale distributors cannot be justified by the
functions the distributors perform. This is the first instance in which the courts have attempted to analyze
the relationship between the size of a discount and the functions provided. There is considerable interest in
the case, which has not yet been resolved in higher courts, and in its implications for channel strategy.
Collusion and Price Maintenance The ways in which collusion can be practiced by businesses are
almost limitless. In general, the Sherman and Clayton Antitrust Acts can be invoked against any collusion
involving an attempt by several people or firms to restrain trade. Perhaps the most important form of
prohibited collusion is price fixing. Under no circumstances may competitors form any agreement
concerning prices to be charged for products. In addition, since April 1976 a manufacturer is no longer able
to agree with retailers on “fair trade” prices, nor is it able to require all other retailers within a given
territory to abide by those prices. Such agreements, allowed under the MillerTydings and McGuire Acts in
states that had established fairtrade laws, are now illegal.
However, price maintenance that is not the result of collusion appears to be acceptable to the courts.
Under the Colgate Doctrine a manufacturer can announce its resale prices in advance and refuse to sell to
anyone who refuses to comply. The important distinction is that the manufacturer’s decision must be
unilateral and not the result of collusion with a group of resellers. In fact, suppliers may legally refuse to
sell to selected customers for a variety of other reasons as long as the decision is reached unilaterally and
is not used as a threat to force compliance with manufacturer’s policies. In 1991, Nintendo was charged
with illegal pricefixing due to its policy of threatening slowdown of shipments to retailers who discounted
its, system consoles. Without admitting guilt, Nintendo agreed to settle state and federal charges by
providing discount coupons worth up to $25 million to consumers and to pay $4.75 million in damages and
legal costs.
Mergers When two or more business firms agree to merge (a form of cooperation), the potential impact
upon competition is typically evaluated. Regardless of whether the agreedupon merger occurs through
acquisition of stock or of assets, possible violations of either the Clayton or CellerKefauver Acts and their
provisions concerning anticompetitive mergers exist.
When mergers occur among firms at the same level of competition, many factors must be considered to
determine the potential impact on competition. These factors include the relevant geographic market, the
number of sellers in the market, the size of the companies and their relative market positions, the
economies of scale in the industry, and the products being sold and the degree to which they can be
substituted. Thus, Lever Brothers’ acquisition of All detergent was judged to be legal when the relevant
market was defined by the court as “lowsudsing heavyduty detergents” in which the firm had no product
offering at the time of the acquisition. The case might have been determined differently had the court
determined the market to be “detergents” in which Lever had several products. On the other hand, Procter
& Gamble was forced to divest itself of the Clorox Chemical Company, even though acquisition of that firm
represented Procter & Gamble’s first entrance into the bleach market. The court ruled that Procter &
Gamble was so large and had such vast resources that it should have developed its own brand of bleach
rather than acquire an existing brand.
If a merger involves vertical integration, competitors may be foreclosed from the opportunity to do business
with the acquired buyer. If the industry is highly concentrated, such mergers may be illegal. In a recent
case, Work Wear Corporation, a major manufacturer of work clothes and uniforms, was determined to be
in violation of antimerger statutes with its acquisition of eleven laundry leasing companies. The
government argued that the acquired firms provided a captive market for Work Wear’s clothing
production. It also reasoned that the amount of business foreclosed to other uniform producers was
substantial enough to require that the firm divest itself of the laundry leasing facilities.
CHANNEL OBJECTIVES
The fundamental objective of distribution channels is to enable an enterprise to meet strategic objectives.
The framework described above consisting of customer, competitive, internal, and environmental analyses
allows management to develop general strategies and to set the parameters for appropriate distribution
channel objectives within those strategies.
A distribution channel is, ultimately, an economic entity that is orchestrated by its participants to achieve
their desired profitability and return on investment. While channel objectives must be specified concerning
traditional financial performance measures such as volume, market share, profitability, and return on
investment, operational channel objectives should also be developed in terms of market coverage and
dishibution intensity, channel control, and flexibility.
Market Coverage and Distribution intensity
The strategicpositioning process guides the firm in determining the appropriate levels of market coverage
and distribution intensity. Three levels of market coverage may be Chosen.
Intensive Distribution Intensive distribution involves the placement of products in as many locations as
possible. It is generally an appropriate objective when a costleadership strategy is employed as the firm’s
basic position and the emphasis of the target market segments is on low price and convenience in
purchasing. In the example discussed earlier in this chapter, GE television sets are intensively distributed
through a broad range of outlets in order to reduce perunit costs and appeal to a mass market.
Selective Distribution Selective distribution involves placement of products in a more limited number of
locations. It may be an appropriate objective when a differentiation strategy is employed. Sony selectively
places its televisions in outlets that will enhance its quality image and provide a higher level of
commitment and support to the brand than would occur if an intensive objective were chosen.
Exclusive Distribution An exclusivedistribution objective limits availability of a product to a very small
number of locations. It is usually an appropriate objective when a firm employs a focus strategy. It is
frequently employed when a firm desires to enhance a product’s image or when considerable reseller
support is desired. Of course, as discussed in the legal environment, there are also limitations to this
approach.
While certain products may seem to fit a particular market coverage objective, generalizations can be quite
misleading. For example, conventional wisdom would dictate that intensive market coverage would be a
desirable objective for a candy manufacturer. However, Godiva Chocolates has chosen a differentiated,
highly focused strategy that dictates an exclusivedistribution objective. The key factor in developing
market coverage objectives is indeed the strategic position desired by the firm in the marketplace.
Market coverage objectives are guided to a major extent by careful consideration of buyers’ behavior within
selected target markets. Chapter 6 explores more fully the impact of buyers’ behavior on the decision as to
whether to distribute intensively, selectively, or exclusively. At this point it is important to note that the
coverage objective has a significant impact on channel structure, as the number and types of channel
partners needed is closely related to the extent of market coverage desired by a firm.
Channel Control
Channel control refers to the need or desire of the firm to maintain control over the full range of
distribution activities. Manufacturers frequently desire control over intermediaries in order to gain greater
selling effort or quality of aftersale support. Intermediaries may desire greater control over manufacturers
to ensure continuous supply, productquality improvement, or lower prices. Again, the degree of control
desired is a function of the firm’s chosen strategic position.
Decisions regarding market coverage and channelcontrol objectives are frequently interrelated. For
example, intensive distribution is frequently inconsistent with a channelcontrol objective. In fact, a
manufacturer may have an overriding objective of control that may require exclusive distribution to be the
only logical means of controlling intermediaries’ activities.
Flexibility
Development of a distribution channel normally involves a degree of commitment among channel
participants. While this commitment is typically desirable from the standpoint of ensuring performance, it
may inhibit the ability of participants to adapt to changing market, competitive, or environmental
conditions. Because of the dynamic nature of these forces, flexibility may become an overriding objective in
certain channel situations.
SUMMARY
This chapter has presented the framework by which a firm develops a strategy to position itself in the
marketplace. There are three broad categories of strategies that a firm might employ to fulfill its mission.
A costleadership strategy involves producing and distributing lowcost products for pricesensitive
customers. A differentiation strategy emphasizes uniqueness that is meaningful to customers. A focus
strategy involves concentrating on the needs of a limited market segment. Each strategy has significant
impact in terms of distribution channel requirements. The process begins with the development of a
mission for the firm and specific overall corporate objectives.
The choice of strategy can be made only after careful analysis of customers, competition, internal
capabilities, and external environments. Customer analysis involves market identification and segmental
analysis. Competitive analysis includes an assessment of an industry’s characteristics and assessment of
specific competitive firms. Internal analysis is concerned with the performance of a firm and with
capabilities in operations, finance, marketing, and management.
Environmental analysis seeks to uncover trends, opportunities, threats, and limitations in the external
environment. While the sociocultural, economic, and technological environments are all Critical, this
chapter has focused on the legal environment of distribution channels. Major federal legislation includes
the Sherman Antitrust Act, Clayton Antitrust Act, Federal Trade Commission Act, RobinsonPatman Act,
and the CellerKefauver Act. Judicial decisions and administrative agencies also add to the legal
complexity faced by business firms. A number of specific issues such as exclusive territories and exclusive
dealing, tying agreements, discounts and allowances, collusion, price maintenance, and mergers constantly
reoccur in the legal process.
Channel objectives and strategies for implementing them must be developed so that the firm can maintain
or improve its strategic position in the distribution channel. Intensive, selective, and exclusive distribution
represent alternative market coverage objectives. Decisions must also be made concerning the level of
channel control necessary for strategic success. Due to the dynamic nature of market conditions,
competition, and external environments, flexibility is a third channel objective to be considered.
QUESTIONS
1. What are the differences among cost, differentiation, and focus strategies? Select an industry and
provide examples of three firms, each of which follows one of the three generic strategies. Pay
particular attention to the distribution strategies of the firms.
2. What is the relevance of a mission statement? Find examples of mission statements that you
believe demonstrate this relevance.
3. Describe the threedimensional approach to market definition. Why is market definition such a
difficult process in actual practice?
4. How does industry structure affect competition in Porter’s model? Choose an industry, such as
breakfast cereal, and describe that industry in terms of Porter’s model.
5. Is it possible for a firm’s management, when assessing internal strengths and weaknesses, to be
objective? Should this analysis be conducted by an outside party?
6. Describe three current social trends and how you think they may influence distribution channels
for food products. How may they influence distribution for fashion clothing? Radio frequency (RF)
technology is being applied by many firms in their logistics operations to increase speed and
efficiency. Conduct research in your library or by contacting local firms to determine how this
technology is being applied in distribution.
7. How might changes in the economic environment, such as rapid inflation, affect distribution
strategy?
8. What is the difference between exclusive territorial arrangements and exclusive dealing?
9. What is the importance of interbrand versus intrabrand competition in exclusive dealing?
10. When might a tying agreement be illegal? Do you believe that the “rule of reason” is a proper way
to judge such arrangements?
11. Why would a manufacturer want resellers to maintain suggested resale prices? How can this desire
be legally enforced?
12. Describe intensive, selective, and exclusive distribution. Give examples of firms in each of the
following industries that exhibit one of these objectives: cosmetics, golf clubs, cookware.