1. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia This is the prescribed textbook for your course. Available NOW at your campus bookstore!

2. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. The law of marketing Chapter 23

3. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-2 The role of marketing “ To identify the wants or needs of consumers, and to determine how best to satisfy these using the MARKETING MIX.”

4. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-3 The Marketing Mix (4P’S) –PRODUCT –PRICE –PROMOTION –PLACE (DISTRIBUTION) * These four factors are largely controllable.

5. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-4 External forces on the Marketing Mix Economic environment Cultural/social environment Political environment (e.g. A GST) Competitive environment Legal environment * These factors are largely uncontrollable.

6. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-5 The role of law To define acceptable vs. unacceptable behaviour (Marketing law includes any regulations that attempt to “draw the line” between acceptable competitive business conduct & unacceptable business practices.)

7. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-6 Marketing laws Designed to protect: 1) Consumers 2)Traders 3)The competitive system that underpins the “Free Market” Australian economy.

8. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-7 “Product” laws 1) Intellectual property e.g. Patents for new inventions Registering a Trade mark Registering a design Copyright

9. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-8 “Product” laws 2)Packaging and labelling Designed to standardise information and protect against misleading/deceptive information. e.g. - weight - content of goods - food ingredients

10. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-9 “Product” laws 3) Product liability e.g. Minimum acceptable product safety/quality standards such as: –food hygiene regulations –manufacturer liability for defective/negligent products

11. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-10 “Price” laws Protect against practices such as: Price fixing Price discrimination –different prices to different customers Predatory pricing –selling below cost Resale price maintenance –Recommended Retail Price

12. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-11 “Promotion” laws Protect against misleading, deceptive or “high pressure” promotional activities. e.g. Market games Bait advertising “Cooling off” period for door to door sales Pyramid selling schemes

13. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-12 “Place” laws Prevent suppliers from imposing unreasonable restraints on distributors. e.g. Exclusive dealing - restricting products a distributor may sell Territorial restraints - restricting the area in which distributor may operate Customer restraints - restricting the customers a distributor may deal with

14. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-13 Market games and competitions Lottery - a scheme for distributing prizes by lot of chance, in which:  there must be a scheme  there must be a game of chance  consideration must be provided by entrants Legal if lottery designed to promote trade or business

15. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-14 Trading stamp promotion Operates by customers saving trading stamps or coupons obtained when purchasing goods from a trader. On reaching a certain number of stamps, the customer can receive a free gift. Types: -Trading stamp companies -Private trading stamp schemes

16. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-15 Australian Competition and Consumer Commission (ACCC) Purpose: Undertakes price surveillance Holds inquiries into the supply of specified goods or services Monitors the prices, cost and profits of any industry or business

17. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-16 Product packaging and labelling Common Law Protection Statutory Protection Trade Practices Act 1974 (Cwlth) »Misleading and deceptive conduct »Unfair trade practices »Product safety and information standards Trade Measurement Legislation - National Measurements Act 1960 (Cwlth)

18. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-17 Therapeutic Goods Act 1989 (Cwlth) Legislation to ensure the safety and efficacy of therapeutic goods available in Australia. Functions: –Evaluate new therapeutic goods –Develop test methods –Conduct testing programs –Liaise with industry.

19. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 23-18 Food safety Laws prohibiting: the sale of food that is unfit for human consumption misleading and deceptive advertising. Australian and New Zealand Food Authority (ANZFA) Establishment of Food Standards Code Assessment of safety of genetically modified food products