An Essay Bribery Act 2010 - Free Essay Example

Sample details Pages: 12 Words: 3547 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Tags: Act Essay Did you like this example? à ¢Ã¢â€š ¬Ã…“While it is entirely understandable that the government wishes Parliament to direct provisions to UK companies and show a strong hand to the international community, it is equally important that it does not suffocate activity in markets where those companies come up against international competitors.à ¢Ã¢â€š ¬Ã‚  Discuss the extent to which the Bribery Act 2010 has balanced the two objectives identified by Michaelson and Berkeley in this extract. As a member country of the Organisation for Economic Co-operation and Development, the UK ratified the OECD Anti-Bribery Convention[1] and in principle agreed to meet the standards set. Despite this, the UK was unsuccessful in fulfilling its obligations and this resulted in a à ¢Ã¢â€š ¬Ã‹Å"turning pointà ¢Ã¢â€š ¬Ã¢â€ž ¢[2] whereby the Bribery Act 2010 was implemented. Don’t waste time! Our writers will create an original "An Essay Bribery Act 2010" essay for you Create order The Actà ¢Ã¢â€š ¬Ã¢â€ž ¢s predecessors[3] were crucial factors owing to the implementation as they were considered à ¢Ã¢â€š ¬Ã‹Å"inconsistent, anachronistic and inadequateà ¢Ã¢â€š ¬Ã¢â€ž ¢[4]. This Act codifies the law and quietens the criticism of the UK for à ¢Ã¢â€š ¬Ã‹Å"lagging behind international competitorsà ¢Ã¢â€š ¬Ã¢â€ž ¢.[5] It is noteworthy that the phrase on the lips of so many commentators is à ¢Ã¢â€š ¬Ã‹Å"level playing fieldà ¢Ã¢â€š ¬Ã¢â€ž ¢[6] which à ¢Ã¢â€š ¬Ã‹Å"works both waysà ¢Ã¢â€š ¬Ã¢â€ž ¢[7]. Thus, this essayà ¢Ã¢â€š ¬Ã¢â€ž ¢s aim is to succinctly examine the extent to which the Act has brought the UK à ¢Ã¢â€š ¬Ã‹Å"into line with international norms on anti-corruption legislationà ¢Ã¢â€š ¬Ã¢â€ž ¢[8]. However, it is also argued that the Act may be disadvantageous for UK businesses[9] as stricter obligations are imposed compared to their foreign competitors[10]. It is intended to take the two latter objectives and analyse the degree to which the Act has balanced them. There have been arguments against the à ¢Ã¢â€š ¬Ã‹Å"delayà ¢Ã¢â€š ¬Ã¢â€ž ¢ in implementation of the Act and these provide strong bases for establishing a à ¢Ã¢â€š ¬Ã‹Å"strong hand to the international communityà ¢Ã¢â€š ¬Ã¢â€ž ¢[11]. The OECDà ¢Ã¢â€š ¬Ã¢â€ž ¢s Working Group on Bribery opined that it was à ¢Ã¢â€š ¬Ã‹Å"very disappointed . . . [in] the further delayà ¢Ã¢â€š ¬Ã¢â€ž ¢; proceeding to affirm that à ¢Ã¢â€š ¬Ã‹Å"establishing a level playing field for international business . . . will help strengthen the global economic recoveryà ¢Ã¢â€š ¬Ã¢â€ž ¢[12]. The OECDà ¢Ã¢â€š ¬Ã¢â€ž ¢s dismay at the delay was clear when they claimed that they would à ¢Ã¢â€š ¬Ã‹Å"threaten to blacklist British companiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ should they remain à ¢Ã¢â€š ¬Ã‹Å"under-regulatedà ¢Ã¢â€š ¬Ã¢â€ž ¢[13]. The OECD urged the United Kingdom to implement the Act à ¢Ã¢â€š ¬Ã‹Å"as a matter of high priorityà ¢Ã¢â€š ¬Ã¢â€ž ¢ whilst Transparency International claimed that the delay à ¢Ã¢â€š ¬Ã‹Å"raised serious doubts about the credibility of the governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s commitment to the Bribery Actà ¢Ã¢â€š ¬Ã¢â€ž ¢[14]. Thus, it is widely accepted that the Act was critical in bringing the UK into line with OECD member states on anti-bribery. The USA has à ¢Ã¢â€š ¬Ã‹Å"been at the forefront of prosecuting international briberyà ¢Ã¢â€š ¬Ã¢â€ž ¢[15] and thus far à ¢Ã¢â€š ¬Ã‹Å"has been [the] predominant force in setting compliance standards for international businessesà ¢Ã¢â€š ¬Ã¢â€ž ¢.[16] The FCPA[17] was regarded, until the OECD Anti-Bribery Convention, as the only à ¢Ã¢â€š ¬Ã‹Å"explicit extraterritorial anti-bribery lawà ¢Ã¢â€š ¬Ã¢â€ž ¢[18]. However, it can be seen that the UK Bribery Act has à ¢Ã¢â€š ¬Ã‹Å"raised the barà ¢Ã¢â€š ¬Ã¢â€ž ¢[19]; and in doing so has shown à ¢Ã¢â€š ¬Ã‹Å"a strong hand to the international communityà ¢Ã¢â€š ¬Ã¢â€ž ¢[20]. The government define the Act as a à ¢Ã¢â€š ¬Ã‹Å"modern and consolidated bribery lawà ¢Ã¢â€š ¬Ã¢â€ž ¢[21] that superseded the à ¢Ã¢â€š ¬Ã‹Å"current law [that was] riddled with uncertainty and in need of rationalisationà ¢Ã¢â€š ¬Ã¢â€ž ¢[22]. Despite this, it remains to be seen whether the Act will à ¢Ã¢â€š ¬Ã‹Å"provide a better framework for the successful prosecution of bribery and corruption offences in the globalised industrial economyà ¢Ã¢â€š ¬Ã¢â€ž ¢[23]. It has been shown that the preceding laws did not comprise the common law offence of bribery and were à ¢Ã¢â€š ¬Ã‹Å"outdated, unclear and lacking in scopeà ¢Ã¢â€š ¬Ã¢â€ž ¢[24]. These laws would not be capable of allowing the UK to fulfil their international obligations under the 1997 Anti-Bribery Convention[25]. Bribery is described as being à ¢Ã¢â€š ¬Ã‹Å"in its very nature insidiousà ¢Ã¢â€š ¬Ã¢â€ž ¢ that has à ¢Ã¢â€š ¬Ã‹Å"potentially devastating consequencesà ¢Ã¢â€š ¬Ã¢â€ž ¢[26]. With this in mind, many commentators illustrate the importance of the Act à ¢Ã¢â€š ¬Ã‹Å"to deal with bribery much more effectivelyà ¢Ã¢â€š ¬Ã¢â€ž ¢[27]. It is argued that the old laws were lacking in scope because of their inability to apply to overseas subsidiaries; thus, they could not achieve the standards set by the OECD[28]. Looking at the FCPA in more depth, and comparatively analysing it, allows the extent to which the Act has à ¢Ã¢â€š ¬Ã‹Å"shown a strong hand to the international communityà ¢Ã¢â€š ¬Ã¢â€ž ¢[29] to be examined. The 1906 legislation[30] did not refer to foreign public officials and the Bribery Act sought to amend this[31]. In doing so, this fulfils the standards set out by the OECD[32] regarding anti-bribery[33]. Both the FCPA and the Act forbid the bribery of foreign public officials and provide evidence to suggest that the two Acts are similar in effect. The prohibited conduct in relation to the two Acts is similar: the FCPAà ¢Ã¢â€š ¬Ã¢â€ž ¢s wording suggests that it is irrelevant whether the bribe is à ¢Ã¢â€š ¬Ã‹Å"voluntarily offered or was suggested or demanded by a n officialà ¢Ã¢â€š ¬Ã¢â€ž ¢[34]. The Bribery Act parallels the FCPA[35] by including à ¢Ã¢â€š ¬Ã‹Å"an advantage [that] benefits the official at his request or with his à ¢Ã¢â€š ¬Ã‹Å"acquiescenceà ¢Ã¢â€š ¬Ã¢â€ž ¢[36]. Despite the fact that there are discrepancies in the language, there is evidence to suggest that the UK has succeeded in its attempt to move into line with à ¢Ã¢â€š ¬Ã‹Å"international norms on anti-corruption legislationà ¢Ã¢â€š ¬Ã¢â€ž ¢[37]. Further to this, it is argued that because the definition is so broad, in both Acts, it could cover those who do not appear to be foreign public officials. The à ¢Ã¢â€š ¬Ã‹Å"stand-alone offenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ per section 6 puts the UK legal framework in general congruence with the OECD Anti-Bribery Convention as well as the US FCPAà ¢Ã¢â€š ¬Ã¢â€ž ¢[38]. Given that the UK has been under scrutiny to bring itself into line with anti-bribery norms, there has been strong criticism against the Act as it is extremely onerous on UK businesses; thus, stifling their opportunity in the international community.[39] It has been argued that the Act is à ¢Ã¢â€š ¬Ã‹Å"more restrictive than [the FCPA]à ¢Ã¢â€š ¬Ã¢â€ž ¢[40] and à ¢Ã¢â€š ¬Ã‹Å"provides the UK with some of the most draconian and far-reaching anti-corruption legislation in the worldà ¢Ã¢â€š ¬Ã¢â€ž ¢[41]. In a report by Parliament it was clarified that this would à ¢Ã¢â€š ¬Ã‹Å"prejudice the international competitiveness of UK businessesà ¢Ã¢â€š ¬Ã¢â€ž ¢[42]. The importance of this was exemplified by Frost when he commented: à ¢Ã¢â€š ¬Ã‹Å"in a cut and thrust world of exporting what we donà ¢Ã¢â€š ¬Ã¢â€ž ¢t want is the British playing with a straight bat and we find some that are notà ¢Ã¢â€š ¬Ã¢â€ž ¢[43]. With the above in mind, it is claimed that the à ¢Ã¢â€š ¬Ã‹Å"most significant sea-changeà ¢Ã¢â€š ¬Ã¢â€ž ¢[44] is that of a à ¢Ã¢â€š ¬Ã‹Å"corporationà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to prevent briberyà ¢Ã¢â€š ¬Ã¢â€ž ¢[45]. This section is notab le for its prohibition of a wider scope of conduct as opposed to its FCPA counterpart[46]. However, it must be noted that although the FCPA does not incorporate commercial bribery, it may à ¢Ã¢â€š ¬Ã‹Å"fill the gapà ¢Ã¢â€š ¬Ã¢â€ž ¢[47] by bringing these charges under the Travel Act[48] for example. Nevertheless, it is argued that à ¢Ã¢â€š ¬Ã‹Å"one would be forgiven for thinking that the legislation would permanently cripple the ability of UK companies to transact business overseasà ¢Ã¢â€š ¬Ã¢â€ž ¢[49]. Section 7 incorporates a strict liability offence whereby a corporation is held vicariously liable for the paying of a bribe by someone carrying out services on that corporationà ¢Ã¢â€š ¬Ã¢â€ž ¢s behalf. This à ¢Ã¢â€š ¬Ã‹Å"someoneà ¢Ã¢â€š ¬Ã¢â€ž ¢ is referred to as the à ¢Ã¢â€š ¬Ã‹Å"associated personà ¢Ã¢â€š ¬Ã¢â€ž ¢. Moreover, prosecutors would not be required to prove criminal intent by the corporation à ¢Ã¢â€š ¬Ã¢â‚¬Å" they would only need to show that the à ¢Ã¢â€š ¬Ã‹Å" associated personà ¢Ã¢â€š ¬Ã¢â€ž ¢ engaged in the bribe[50]. It could be argued, however, that this does not impose more onerous requirements compared to the UKà ¢Ã¢â€š ¬Ã¢â€ž ¢s foreign counterparts. The reason for this is because despite the fact that the FCPA does not incorporate a stand-alone corporate offence, legal liability would attach to a corporation (caused by an employee or agent) by other means. Responsibility on behalf of the corporation can be established through the common law principle of à ¢Ã¢â€š ¬Ã‹Å"respondeat superiorà ¢Ã¢â€š ¬Ã¢â€ž ¢.[51] Although the corporate offence may impose more severe requirements on businesses, and subsequently à ¢Ã¢â€š ¬Ã‹Å"suffocating activityà ¢Ã¢â€š ¬Ã¢â€ž ¢[52], there is a defence where a commercial organisation can put in place à ¢Ã¢â€š ¬Ã‹Å"adequate proceduresà ¢Ã¢â€š ¬Ã¢â€ž ¢[53]. This would reduce liability on the company if they can prove that they have à ¢Ã¢â€š ¬Ã‹Å"strong, up-to-date and effective anti-bribery po liciesà ¢Ã¢â€š ¬Ã¢â€ž ¢[54]. It is clear that the burden of proof is on the commercial organisation to show that relevant procedures are in place. Notably, the defence reduces liability of the commercial organisation because à ¢Ã¢â€š ¬Ã‹Å"the principal concern of the Act is to direct the criminal law [at them]à ¢Ã¢â€š ¬Ã‚ ¦ to ensure that active bribery is not committed on their behalfà ¢Ã¢â€š ¬Ã¢â€ž ¢[55]. The adequate procedures guidance[56] produced six principles with comments and explanations; thus, providing evidence that there has been an attempt to balance the two objectives. It is important to state that it remains with the courts to decide if the corporation has adequately put in place procedures to prevent the bribery of one of their employees or agents[57]. Thus, the company can discharge the burden if they implement the Ministry of Justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢s guidance as well as implementing their own procedures re the six principles. It is argued, however, that à ¢ â‚ ¬Ã‹Å"where bribery has occurred, that self-evidently any procedures which were designed to prevent bribery must have been inadequateà ¢Ã¢â€š ¬Ã¢â€ž ¢[58]. It is clear that the Act may go too far in terms of penalties imposed on the individual or corporation. Although à ¢Ã¢â€š ¬Ã‹Å"strict penalties will make companies take notice and tighten controlsà ¢Ã¢â€š ¬Ã¢â€ž ¢[59] does it go too far? Does the Act put more onerous requirements on these UK businesses so that they are losing out compared to their foreign competitors? Under the Act, an individual may be given an unlimited fine or imprisoned for 10 years[60]. A corporation may receive an unlimited fine pursuant to section 7 of the Act. It is argued that these à ¢Ã¢â€š ¬Ã‹Å"stifferà ¢Ã¢â€š ¬Ã¢â€ž ¢[61] penalties are à ¢Ã¢â€š ¬Ã‹Å"draconianà ¢Ã¢â€š ¬Ã¢â€ž ¢[62]. The penalties under the Act à ¢Ã¢â€š ¬Ã‹Å"raised significantlyà ¢Ã¢â€š ¬Ã¢â€ž ¢[63] compared to the FCPA; thus, commercial organisations à ¢Ã¢â€š ¬Ã‹Å"may need to review compliance proceduresà ¢Ã¢â€š ¬Ã¢â€ž ¢ that allow them to conform with the scope of the FCPA[64]. It is widely commented that corporate hospitality could prove problematic for commercial organisations. The UKà ¢Ã¢â€š ¬Ã¢â€ž ¢s counterpart, the FCPA, incorporates a defence for a foreign official regarding à ¢Ã¢â€š ¬Ã‹Å"promotion, demonstration or explanation of productsà ¢Ã¢â€š ¬Ã¢â€ž ¢[65]. However, it is evident that the UK Act does not offer such a defence and could prove to be problematic for businesses. Furthermore, it could provide evidence of legislation which is far too onerous[66]. It is clear that the simplistic language of the Act, coupled with the fact that there is no need for the à ¢Ã¢â€š ¬Ã‹Å"offer, promise or paymentà ¢Ã¢â€š ¬Ã¢â€ž ¢ to be made corruptly, could render à ¢Ã¢â€š ¬Ã‹Å"all promotional gifts or hospitality expensesà ¢Ã¢â€š ¬Ã¢â€ž ¢[67] criminal. If corporate hospitality is to be criminal then it depends how à ¢Ã¢â€š ¬Ã‹Å"lavishà ¢Ã¢â€š ¬Ã¢â€ž ¢[68] it is. Lord Tunnicliffe stated that it would be legal to use corporate hospitality for à ¢Ã¢â€š ¬Ã‹Å"legitimate commercial purposesà ¢Ã¢â€š ¬Ã¢â€ž ¢[69]. Nevertheless, he stated that it could be illegal if it was à ¢Ã¢â€š ¬Ã‹Å"[too] lavish [a] hospitalityà ¢Ã¢â€š ¬Ã¢â€ž ¢[70]. It is continuously stated that it is à ¢Ã¢â€š ¬Ã‹Å"unclear as to what extent corporate hospitality falls within the Actà ¢Ã¢â€š ¬Ã¢â€ž ¢, and is subsequently à ¢Ã¢â€š ¬Ã‹Å"likely to trouble . . . businessesà ¢Ã¢â€š ¬Ã¢â€ž ¢[71]. Thus, arguably, the Act has unconvincingly balanced the two objectives in this sense. Distinguishing between what is à ¢Ã¢â€š ¬Ã‹Å"legitimate and illegitimate could prove problematicà ¢Ã¢â€š ¬Ã¢â€ž ¢[72]. This argument was strengthened when the English Law Commission à ¢Ã¢â€š ¬Ã‹Å"struggled valiantlyà ¢Ã¢â€š ¬Ã¢â€ž ¢[73] to determine what forms of corporate hospitality would be acceptable. The prosecution of the company for corporate hospitality remains in the hands of the courts and depends on the à ¢Ã¢â€š ¬Ã‹Å"slippery and subjective conceptà ¢Ã¢â€š ¬Ã¢â€ž ¢ of intention[74]. It would be inevitably beneficial for businesses if they reflected on their internal corporate hospitality policies and applied firm guidelines on the matter[75]. The criticism is extensive enough that some are alleging that à ¢Ã¢â€š ¬Ã‹Å"Christmas gifts are likely to be considered bribesà ¢Ã¢â€š ¬Ã¢â€ž ¢[76]. There has unquestionably been an attempt by Parliament to bring the UK into line with other OECD member states regarding anti-bribery. Nevertheless, there exists evidence to suggest that the Act has given rise to too onerous requirements on UK businesses. The anachronistic legislation was repealed by the Act and was undoubtedly needed. The delay in implementation was significant in emphasising the importance of this much needed law; however, it is clear that the Act has struggled to balance the two former objectives. There are sections in the A ct, namely section 6 for example, which brings the UK à ¢Ã¢â€š ¬Ã‹Å"into line with international norms on anti-corruption legislationà ¢Ã¢â€š ¬Ã¢â€ž ¢[77] and subsequently goes further than the FCPA golden standard. Nonetheless, the failure to prevent bribery on behalf of a commercial organisation is regarded as far too à ¢Ã¢â€š ¬Ã‹Å"draconianà ¢Ã¢â€š ¬Ã¢â€ž ¢, the penalties are excessive and companies could be convicted of bribery for sending à ¢Ã¢â€š ¬Ã‹Å"Christmas giftsà ¢Ã¢â€š ¬Ã¢â€ž ¢. Bibliography Legislation and Conventions Bribery Act 2010 Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Foreign Corrupt Practices Act 1977 (United States) Prevention of Corruption Act 1906 Prevention of Corruption Act 1916 Public Bodies Corrupt Practices Act 1889 Travel Act 1952. Articles AaronBerg, D and Higgins, N, The Bribery Act 2010: All Bark and No Bite.? [2010] Arch. Rev. 2010, 5, 6-9. Addleshaw Goddard, à ¢Ã¢â€š ¬Ã‹Å"Corporate Hospitality and the Bribery Act 2010: Will Your Strawberries and Cream be Followed by Porridge?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (August 2010) https://www.addleshawgoddard.com/asset_store/document/corporate_hospitality_and_the_bribery_act_2010_112048.pdf accessed 29 January 2013. Cannon, L, Rene, A, Corsi, A and Smith, R, à ¢Ã¢â€š ¬Ã‹Å"Bribery Act 2010: A New Era for UK Enforcement of Bribery and Corruption Offences?à ¢Ã¢â€š ¬Ã¢â€ž ¢ Fullbright Alert (9 April 2010)https://www.fulbright.com/index.cfm?DETAIL=yesFUSEACTION=publications.detailNEWPAGE=0PUB_ID=4422SITE_ID=461pf=y accessed 1 March 2013. Cogman, S, à ¢Ã¢â€š ¬Ã‹Å"Bye-bye backhandersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Euro. Law. 2011, 106, 44-45. Cropp, N, à ¢Ã¢â€š ¬Ã‹Å"The Bribery Act 2010: Part 4: a comparison with the Foreign Corrupt Practices Act: nuance v nousà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2011] Crim. L.R. 2011, 2, 122-141. Financial Markets Law Committee, à ¢Ã¢â€š ¬Ã‹Å"Analysis of uncertainty around the Bribery Act 2010 Ministry of Justice Consultation on guidance about commercial organisations preventing briberyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (November 2010) Issue 160. Fine, M, à ¢Ã¢â€š ¬Ã‹Å"Coordinating UK Bribery Act FCPA Complianceà ¢Ã¢â€š ¬Ã¢â€ž ¢ Inspiring Principled Performance (April 2011). Kocoras J, The Bribery Act 2010: raising the bar above the US Foreign Corrupt Practices Act [2010] Comp. Law. 2010, 31(11), 362-369. Leigh, D, à ¢Ã¢â€š ¬Ã‹Å"British firms face bribery blacklist, warns corruption watchdogà ¢Ã¢â€š ¬Ã¢â€ž ¢ The Guardian (31 January 2011). Michaelson, J and Berkeley, A, à ¢Ã¢â€š ¬Ã‹Å"Positive Stepsà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2009] 159 N.L.J 819. Ministry of Justice, à ¢Ã¢â€š ¬Ã‹Å"THE BRIBERY ACT 2010: Guidance about procedures which relevant commercial organisations can put into place to prevent persons associated with them from bribing (section 9 of the Bribery Act 2010)à ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.justice.gov.uk/downloads/legislation/bribery-act-2010-guidance .pdf accessed 25 February 2013. Peith, M, à ¢Ã¢â€š ¬Ã‹Å"UK: Chair Of OECD Working Group On Bribery Concerned Over Delay Of New Bribery Actà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1 February 2011) https://www.oecd.org/newsroom/ukchairofoecdworkinggrouponbriberyconcernedoverdelayofnewbriberyact.htm accessed 4 March 2013. Russell, J, à ¢Ã¢â€š ¬Ã‹Å"What is the Bribery Act?à ¢Ã¢â€š ¬Ã¢â€ž ¢ The Daily Telegraph (London, 31 March 2011). Searcey, D, à ¢Ã¢â€š ¬Ã‹Å"On Second Thought . . . U.K. Bribery Act Delayedà ¢Ã¢â€š ¬Ã¢â€ž ¢ The Wall Street Journal (31 January 2011)à ¢Ã¢â€š ¬Ã¢â€ž ¢ https://blogs.wsj.com/law/2011/01/31/on-second-thought-uk-bribery-act-delayed/ accessed 21 February 2013. Sheikh, S, The Bribery Act 2010: commercial organisations beware! I.C.C.L.R. 2011, 22(1), 1-16. Shoosmiths, à ¢Ã¢â€š ¬Ã‹Å"A comparison between UK Bribery Act and the FCPAà ¢Ã¢â€š ¬Ã¢â€ž ¢ (9 May 2012) https://www.shoosmiths.co.uk/client-resources/legal-updates/A-comparison-between-UK-Bribery-Act-and-th e-FCPA-1543.aspx accessed 10 February 2013. Sullivan, G, à ¢Ã¢â€š ¬Ã‹Å"Proscribing Corruption à ¢Ã¢â€š ¬Ã¢â‚¬Å" Some Comments on the Law Commission Reportà ¢Ã¢â€š ¬Ã¢â€ž ¢ 1998 Crim. L.R. 547. , à ¢Ã¢â€š ¬Ã‹Å"The Bribery Act 2010: Part 1: an overviewà ¢Ã¢â€š ¬Ã¢â€ž ¢ Crim. L.R. 2011, 2, 87-100. Transparency International, à ¢Ã¢â€š ¬Ã‹Å"Bribery Act: Myth and Realityà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1 February 2011) https://www.bond.org.uk/data/files/TI-UK_Briefing_UKBribery_Act.pdf accessed 2 March 2013. Tyler, R, à ¢Ã¢â€š ¬Ã‹Å"Bona Fide Corporate Freebies à ¢Ã¢â€š ¬Ã…“Must Survive Bribery Actà ¢Ã¢â€š ¬Ã‚ Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ The Daily Telegraph (8 Novemeber 2010). , à ¢Ã¢â€š ¬Ã‹Å"Christmas gifts could be illegal under Bribery Act, says PwCà ¢Ã¢â€š ¬Ã¢â€ž ¢ The Daily Telegraph (22 December 2010) https://www.telegraph.co.uk/finance/yourbusiness/8217356/Christmas-gifts-could-be-illegal-under-Bribery-Act-says-PwC.html accessed 14 March 2013. Weinstein, M, Meyer, R, Clark , J, The UK Bribery Act vs. the U.S. FCPA The Ethisphere (22 April 2011) https://anticorruption.ethisphere.com/the-uk-bribery-act-vs-the-u-s-fcpa/ accessed 10 March 2013. Working Group on Bribery, à ¢Ã¢â€š ¬Ã‹Å"UK: Chair Of OECD Working Group On Bribery Concerned Over Delay Of New Bribery Actà ¢Ã¢â€š ¬Ã‹Å", (1 February 2011) https://www.oecd.org/newsroom/ukchairofoecdworkinggrouponbriberyconcernedoverdelayofnewbriberyact.htm accessed 21 January 2013 Yeoh, P, à ¢Ã¢â€š ¬Ã‹Å"Bribery Act 2010: implications for regulated firmsà ¢Ã¢â€š ¬Ã¢â€ž ¢ J.F.R. C. 2012, 20(3), 264-277. , The UK Bribery Act 2010: Contents and Implications [2012] JFC 37, 37. Reports and Guidance Law Commission, à ¢Ã¢â€š ¬Ã‹Å"Reforming Bribery (The Stationary Office, 2008), Law Com No 313, HC Paper No 928. Law Commission, Law Com. No 248 (1998) [5.75 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 5.82]. Ministry of Justice, Guidance about procedures which relevant commercial organisations can put into place to prevent persons associated with them from bribing (section 9 of the Bribery Act 2010) (Ministry of Justice, 2010), CP11/10. Transparency International, à ¢Ã¢â€š ¬Ã‹Å"Bribery Act Adequate Proceduresà ¢Ã¢â€š ¬Ã¢â€ž ¢ (July 2010). 1 [1] Officially known as: Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. [2] Yeoh, P, The UK Bribery Act 2010: Contents and Implications [2012] JFC 37, 37. [3] Public Bodies Corrupt Practices Act 1889; Prevention of Corruption Act 1906; Prevention of Corruption Act 1916. [4] AaronBerg, D and Higgins, N, The Bribery Act 2010: All Bark and No Bite.? [2010] Arch. Rev. 2010, 5, 6-9. [5] Michaelson, J and Berkeley, A, à ¢Ã¢â€š ¬Ã‹Å"Positive Stepsà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2009] 159 N.L.J 819. [6] Ibid; See also, Working Group on Bribery, à ¢Ã¢â€š ¬Ã‹Å"UK: Chair Of OECD Working Group On Bribery Concerned Over Delay Of New Bribery Actà ¢Ã¢â€š ¬Ã‹Å", (1 February 2011) https://www.oecd.org/newsroom/ukchairofoecdworkinggrouponbriberyconcernedoverdelayofnewbriberyact.htm accessed 21 January 2013; finally see, Transparency International, à ¢Ã¢â€š ¬Ã‹Å"Bribery Act: Myth and Realityà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1 February 2011) https://w ww.bond.org.uk/data/files/TI-UK_Briefing_UKBribery_Act.pdf accessed 2 March 2013. [7] Michaelson, J and Berkeley, A ,(n 3). [8] Russell, J, à ¢Ã¢â€š ¬Ã‹Å"What is the Bribery Act?à ¢Ã¢â€š ¬Ã¢â€ž ¢ The Daily Telegraph (London, 31 March 2011). [9] David Frost in à ¢Ã¢â€š ¬Ã‹Å"Tyler, R, à ¢Ã¢â€š ¬Ã‹Å"Bona Fide Corporate Freebies à ¢Ã¢â€š ¬Ã…“Must Survive Bribery Actà ¢Ã¢â€š ¬Ã‚ Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ The Daily Telegraph (8 Novemeber 2010)à ¢Ã¢â€š ¬Ã¢â€ž ¢. [10] Michaelson, J and Berkeley, (n 3). [11] Ibid. [12] Peith, M, à ¢Ã¢â€š ¬Ã‹Å"UK: Chair Of OECD Working Group On Bribery Concerned Over Delay Of New Bribery Actà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1 February 2011) https://www.oecd.org/newsroom/ukchairofoecdworkinggrouponbriberyconcernedoverdelayofnewbriberyact.htm accessed 4 March 2013. [13] Peith, M in à ¢Ã¢â€š ¬Ã‹Å"Leigh, D, à ¢Ã¢â€š ¬Ã‹Å"British firms face bribery blacklist, warns corruption watchdogà ¢Ã¢â€š ¬Ã¢â€ž ¢ The Guardian (31 January 2011)à ¢Ã¢â€š ¬Ã¢â€ž ¢. [14] Chandrashekhar, K in à ¢Ã¢â€š ¬Ã‹Å"Searcey, D, à ¢Ã¢â€š ¬Ã‹Å"On Second Thought . . . U.K. Bribery Act Delayedà ¢Ã¢â€š ¬Ã¢â€ž ¢ The Wall Street Journal (31 January 2011)à ¢Ã¢â€š ¬Ã¢â€ž ¢ https://blogs.wsj.com/law/2011/01/31/on-second-thought-uk-bribery-act-delayed/ accessed 21 February 2013. [15] Cannon, L, Rene, A, Corsi, A and Smith, R, à ¢Ã¢â€š ¬Ã‹Å"Bribery Act 2010: A New Era for UK Enforcement of Bribery and Corruption Offences?à ¢Ã¢â€š ¬Ã¢â€ž ¢ Fullbright Alert (9 April 2010) https://www.fulbright.com/index.cfm?DETAIL=yesFUSEACTION=publications.detailNEWPAGE=0PUB_ID=4422SITE_ID=461pf=y accessed 1 March 2013. [16] Kocoras J, The Bribery Act 2010: raising the bar above the US Foreign Corrupt Practices Act [2010] Comp. Law. 2010, 31(11), 362-369. [17] Foreign Corrupt Practices Act 1977. [18] Cropp, N, à ¢Ã¢â€š ¬Ã‹Å"The Bribery Act 2010: Part 4: a comparison with the Foreign Corrupt Practices Act: nuance v nousà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2011] Crim. L.R. 2011, 2 , 122-141. [19] Kocoras, J, (n 14). [20] Michaelson, J and Berkeley, (n 3). [21] Progress of the Bill, à ¢Ã¢â€š ¬Ã‹Å"Bribery Act 2009-10à ¢Ã¢â€š ¬Ã¢â€ž ¢, https://services.parliament.uk/bills/2009-10/briberyhl.html accessed 12 March 2013. [22] Law Commission, à ¢Ã¢â€š ¬Ã‹Å"Reforming Bribery (The Stationary Office, 2008), Law Com No 313, HC Paper No 928. [23] Cannon, L, Rene, A, Corsi, A and Smith, R, (n 15). [24] Yeoh, P, (n 2). [25] Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. [26] Jack Straw, The Ministry of Justice: Bribery Draft Legislation, 2009 Cm 7570, p3. [27] Ministry of Justice, à ¢Ã¢â€š ¬Ã‹Å"Government Welcomes New Bribery Law Recommendationsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (20 November 2008). [28] Yeoh, P, (n 2). [29] Michaelson, J and Berkeley, (n 3). [30] Prevention of Corruption Act 1906. [31] The Bribery Act 2010, s6. [32] Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. [33] Sheikh, S, The Bribery Act 2010: commercial organisations beware! I.C.C.L.R. 2011, 22(1), 1-16. [34] Fine, M, à ¢Ã¢â€š ¬Ã‹Å"Coordinating UK Bribery Act FCPA Complianceà ¢Ã¢â€š ¬Ã¢â€ž ¢ Inspiring Principled Performance (April 2011). [35] Cropp, N, (n 18). [36] Fine, M, (n 33). [37] Russell, J, (n 8). [38] Yeoh, P, (n 2). [39] Michaelson, J and Berkeley, (n 3). [40] Weinstein, M, Meyer, R, Clark, J, The UK Bribery Act vs. the U.S. FCPA The Ethisphere (22 April 2011) https://anticorruption.ethisphere.com/the-uk-bribery-act-vs-the-u-s-fcpa/ accessed 10 March 2013. [41] AaronBerg, D and Higgins, N, (n 4). [42] Joint Parliamentary Debate in à ¢Ã¢â€š ¬Ã‹Å"Michaelson, J and Berkeley, A, à ¢Ã¢â€š ¬Ã‹Å"Positive Stepsà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2009] 159 N.L.J 819à ¢Ã¢â€š ¬Ã¢â€ž ¢. [43] David Frost in à ¢Ã¢â€š ¬Ã‹Å"Tyler, R, à ¢Ã¢â€š ¬Ã‹Å"Bona Fide Corporate Freebies à ¢Ã¢â€š ¬Ã…“Must Survive Bribery Actà ¢Ã¢â€š ¬Ã‚ Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ The Daily Telegraph (8 Novemeber 2010)à ¢Ã¢â€š ¬Ã¢â€ž ¢. [44] Hoar, C, à ¢Ã¢â€š ¬Ã‹Å"Hard Graftà ¢Ã¢â€š ¬Ã¢â€ž ¢ C.N. 2010, May/Jun, 2-3. [45] Bribery Act 2010, s7. [46] Weinstein, M, Meyer, R, Clark, J, (n 40). [47] Ibid. [48] Travel Act, 18 U.S.C 1952. [49] Cogman, S, à ¢Ã¢â€š ¬Ã‹Å"Bye-bye backhandersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Euro. Law. 2011, 106, 44-45. [50] Fine, M, (n 33). [51] Ibid. [52] Michaelson, J and Berkeley, (n 3). [53] Ministry of Justice, Guidance about procedures which relevant commercial organisations can put into place to prevent persons associated with them from bribing (section 9 of the Bribery Act 2010) (Ministry of Justice, 2010), CP11/10, https://www.justice.gov.uk/legislation/bribery accessed 12 March 2013. [54] Transparency International, à ¢Ã¢â€š ¬Ã‹Å"Bribery Act Adequate Proceduresà ¢Ã¢â€š ¬Ã¢â€ž ¢ (July 2010). [55] Sheikh, S, (n 32). [56] Ministry of Justice, à ¢Ã¢â€š ¬Ã‹Å"THE BRIBERY ACT 20 10: Guidance about procedures which relevant commercial organisations can put into place to prevent persons associated with them from bribing (section 9 of the Bribery Act 2010)à ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.justice.gov.uk/downloads/legislation/bribery-act-2010-guidance.pdf accessed 25 February 2013. [57] Sheikh, S, (n 32). [58] AaronBerg, D and Higgins, N, (n 4). [59] Michaelson, J and Berkeley, (n 3). [60] Bribery Act 2010, s 1, 2 and 6. [61] Yeoh, P, à ¢Ã¢â€š ¬Ã‹Å"Bribery Act 2010: implications for regulated firmsà ¢Ã¢â€š ¬Ã¢â€ž ¢ J.F.R. C. 2012, 20(3), 264-277. [62] Hoar, C, (n 45). [63] Transparency International, à ¢Ã¢â€š ¬Ã‹Å"Bribery Act Adequate Proceduresà ¢Ã¢â€š ¬Ã¢â€ž ¢ (July 2010). [64] Yeoh, P, (n 62). [65] Weinstein, M, Meyer, R, Clark, J, (n 41). [66] Ibid. [67] Sullivan, G, à ¢Ã¢â€š ¬Ã‹Å"The Bribery Act 2010: Part 1: an overviewà ¢Ã¢â€š ¬Ã¢â€ž ¢ Crim. L.R. 2011, 2, 87-100. [68] Shoosmiths, à ¢Ã¢â€š ¬Ã‹Å"A comparison betwee n UK Bribery Act and the FCPAà ¢Ã¢â€š ¬Ã¢â€ž ¢ (9 May 2012) https://www.shoosmiths.co.uk/client-resources/legal-updates/A-comparison-between-UK-Bribery-Act-and-the-FCPA-1543.aspx accessed 10 February 2013. [69] Lord Tunnicliffeà ¢Ã¢â€š ¬Ã¢â€ž ¢s letter to Lord Henley https://www.docstoc.com/docs/71131033/Lord-Tunnicliffes-letter-on-corporate-hospitalityDraft-letter- accessed 14 March 2013. [70] Ibid. [71] AaronBerg, D and Higgins, N (n 4). [72] Kocoras J, (n 16). [73] Law Commission, Law Com. No 248 (1998) [5.75 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 5.82]; see also Sullivan, G, à ¢Ã¢â€š ¬Ã‹Å"Proscribing Corruption à ¢Ã¢â€š ¬Ã¢â‚¬Å" Some Comments on the Law Commission Reportà ¢Ã¢â€š ¬Ã¢â€ž ¢ 1998 Crim. L.R. 547. [74] Financial Markets Law Committee, à ¢Ã¢â€š ¬Ã‹Å"Analysis of uncertainty around the Bribery Act 2010 Ministry of Justice Consultation on guidance about commercial organisations preventing briberyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (November 2010) Issue 160. [75] Addleshaw Goddard , à ¢Ã¢â€š ¬Ã‹Å"Corporate Hospitality and the Bribery Act 2010: Will Your Strawberries and Cream be Followed by Porridge?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (August 2010) https://www.addleshawgoddard.com/asset_store/document/corporate_hospitality_and_the_bribery_act_2010_112048.pdf accessed 29 January 2013. [76] Tyler, R, à ¢Ã¢â€š ¬Ã‹Å"Christmas gifts could be illegal under Bribery Act, says PwCà ¢Ã¢â€š ¬Ã¢â€ž ¢ The Daily Telegraph (22 December 2010) https://www.telegraph.co.uk/finance/yourbusiness/8217356/Christmas-gifts-could-be-illegal-under-Bribery-Act-says-PwC.html accessed 14 March 2013. [77] Russell, J, à ¢Ã¢â€š ¬Ã‹Å"What is the Bribery Act?à ¢Ã¢â€š ¬Ã¢â€ž ¢ The Daily Telegraph (London, 31 March 2011).

Can We Prove God Exists Essay - 562 Words

Philosophers, whether they are atheists, or believers have always been eager to discuss the existence of God. Some philosophers, such as St Thomas Aquinas, and St Anselm, believe that we have proven that God exists through our senses, logic, and experience. Others such as Soren Kierkegaard, and Holbach, feel that we will never have the answer to this question due to our human limitations, and reason. The believer tends to rely on faith for his belief, and claim they do not need proof in order to believe in the Gods existence. The atheist however, tends to lean more towards common sense and reason, such as science, or the theory of evolution for an answer. The determinalist for example believes that all actions are caused by nature,†¦show more content†¦Without this premises his argument would fail. It must be agreed to, because it is a true statement. You do not have to believe in God in order to agree to these Premises. In agreeing to these first premises, St Anselm forces you to admit that God does exist in reality because his premises support his conclusion. St. Anselms Theory is that if God is that which nothing greater can be conceived, the idea of God must exist, if only in the mind. To exist in reality is greater than existing in the mind (idea). Therefore God, being that which nothing greater can be conceived must exist in reality. All his premises support his conclusion, creating a valid and sound argument proving that God must exist. Many still argue that neither one of these arguments prove Gods existence, because it is impossible for our reason to accept them. In Soren Kierkegaards argument Faith, not Logic is The Basis of Belief, he argues that it is impossible to prove Gods existence because it is beyond our reason as human beings to do so. Kierkegaard classifies the word God under the word unknown. It is impossible for reason to know the unknown, so it is impossible to know, or prove God exists. Kierkegaard also claims that reason on its own does not attempt to prove God exists, he claims that it would be foolish to do so. It would be foolish to do so because reason is from existence, not towards it. Therefore if God does not exist, it would be impossible to prove he does,Show MoreRelatedThe Meditations On First Philosophy By Rene Descartes916 Words   |  4 Pagesabout doubt. Descartes describes his method of doubt to determine whether he can truly know something. One of his major arguments is the proof of the existence of God. In this paper, I will attempt to unravel the flaws in Descartes proof that God exists. In the meditations, Descartes evaluates whether or not everything we know is a reality or a dream. Descartes claims that we can only be sure that our beliefs are true when we clearly and distinctively perceive them to be true. 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I am not saying that Anselm’s argument is good, or even valid, but just that given the set of proofs by Aquinas and Anselm, Anselm’s is better. Anselm argues, in effect, that the existence of God is built into the very concept of God. He proceeds by a form of argumentRead MoreThe Cartesian Circle is Wrong1586 Words   |  7 PagesRene Descartes meditations on the existence of God are very profound, thought-provoking, and engaging. From the meditations focused specifically on the existence of God, Descartes uses the argument that based on his clear and distinct perception that cannot be treated with doubt, God does exist. In the beginning of the third meditation, Descartes proclaims that he is certain he is a thinking thing based on his clear and distinct perception, and he couldn’t be certain unless all clear and distinctRead MoreSt. Thomas Aquinas Essay823 Words   |  4 Pagesused ancient philosophy to prove religious propositions. 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The Importance of Marketing to Organisations in the Twenty-First Century free essay sample

The Importance of Marketing to Organisations in the Twenty-First Century Nintendo Co. Ltd ‘Marketing is a social process by which individuals and groups obtain what they need and want through creating and exchanging products and values with others. ’ When most people think of marketing, they think of selling, distributing and advertising, as we are daily swamped with sale calls, Internet pop-ups, and television commercials. Although these tactics of marketing are true, they are ineffective with no the sound basis of knowledge about the market, the environment, and most importantly having a solid understanding of how customers behave, their motivation for purchase, their awareness and their preferences. All these strategies must be integrated to ensure that an organisation is successful in its operations. Nintendo Co. , Ltd. is a toy and home entertainment company that is famous worldwide for its popular home video games and revolutionary consoles. Nintendo has changed the concept of home entertainment all over the world. 1 Nintendo design, manufacture and manufacture a wide range of products ranging from the revolutionary battery-operated Game-Boy in the 1980’s, the Game Cube, and Super Mario Bros to name a few. Nintendo’s current line-up of video game systems includes the Nintendo DS Lite and Wii. Nintendo continues to create its unique software by ensuring that the ‘hardware and software are created with only one goal in mind, an enjoyable playing experience for all’. This approach has allowed Nintendo to produce products and characters beloved by people around the world. Marketing has become extremely important in the 21st century due to the changes in our modern society, where buyers and markets have become too diverse and complex to have one simple marketing strategy to meet the needs of them all. This is due to cultural changes and technological advancements, which has created a market that is fragmented. This change has been evident in Nintendo, as over the past two decades, the video game industry has grown ‘exceedingly, with annual sales rivalling box office eceipts for the movie industry’3. Therefore we can see that marketing is essential to Nintendo as due to the changes in their market size they have had to implement a strategy to persuade people from all over the world to play video games regardless of age, gender, culture, and even lifestyle. In order to understand the current significance of marketing to Nintendo, and other organisations we have to progress away from our prior understanding of marketing and move towards the new sense of ‘satisfying customer needs’. Figure 1. 0 Selling can only take place after the product has been produced; it is a forceful approach, which focuses on maximising profits through sales volume. On the contrary, marketing is instigated long before the company has even made the product. Marketing is an Integrated Plan, which includes product, price, promotion and distribution, backed up by a satisfactory environmental assessment, consumer research, and opportunity analysis with emphasis of maximising profits through customer satisfaction. During the 1960’s to the 1980’s Nintendo was a company that was product-led, it began a drive towards diversification and innovation, which eventually led to it becoming a household word in the late 1980s. They did this so that they could break in to the gaming industry and reduce their risks by having various products in their product line. However, Nintendo is a company, which has always been at the top of their game, even back then they understood that the success of marketing lies with the customers. An example of this can be found when they entered the United States, where the ‘of the U. S. home video industry had plummeted from a $3 billion peak in 1983 to a $100 million trough in 1985’5. However, Nintendo test marketed its games during the slum and found that the problems were caused by an excess of uninspiring, low-quality games therefore they took Seize of this opportunity and introduced sophisticated software to gain customer loyalty and enthusiasm. In order to look at how Nintendo’s marketing has changed in the 21st century, the core concepts of marketing will be taken into consideration and how Nintendo delivers value in each concept to those affected by its transaction. Figure 1. 1 The concept of ‘needs, wants and demands’ defines how individuals are influenced culturally and socially to satisfy a need which is not currently met. The demand is when the customers have necessary resources to obtain their wants. The second concept, ‘marketing offers’ are the value propositions companies offer ‘to satisfy human needs or demands’. The third concept of ‘value and satisfaction’ looks at how the product has satisfied consumer’s needs and it has met their expectations. This all leads to the fourth and fifth concept of ‘exchange, transactions and relationships’ leading to ‘markets’ where actual and potential buyers of the product, who have similar needs and wants meet. Nintendo has integrated these concepts of marketing in the 21st century to move away from the selling concept to the marketing concept. Think about the Nintendo Wii, which is outselling its rivals Playstation3, and the Xbox 360, the reason for this lies in Nintendo understanding consumer behaviour. Nintendo looked at how people who were not interested in consoles spent their time. Through market research they found that those people preferred to do sociable/physical activities, so they produced a physical product that requires a lot of exercise to play it. Thus their market offering of the Wii bundled the social activities of these groups, into one simple to use console. Through modern marketing approach of customer-led innovation they have given their customers value and satisfaction to ensure that they can but relationships with customers so that they become and remain loyal to Nintendo for the long-term. To understand the key concepts better and how firm must find ways to discover unfulfilled customer needs and brings products to the market to satisfy those needs can be understood by looking at the marketing process: Diagram2. 0 Situation Analysis Managers need information to determine customer-buying decisions so that they can tailor products to meet unfulfilled needs. The organisation also needs to examine the external (macro-environment) and the internal (microenvironment) environment so that they can meet opportunities and avoid threats. There are several frameworks that can be used to add structure to the situation analysis, however, the SWOT (strength, weakness, threats and opportunities) analysis will be used to assess the, most relevant problems and opportunities of Nintendo and how well equipped they are to deal with them. In regards to Nintendo, we have already seen that by analysing the market they have been able to find a gap in the market. However this is not enough for Nintendo as with only three main companies; Sony, Microsoft and Nintendo, the video gaming industry is highly competitive as the product life cycle of a console is about four to five years. 6 They must ensure that they offer different selections of innovative products, and features of their units, as threats of substitution and rivalry amongst the competitors is high. This is also due to the development of the ‘Digital age’ and the ‘Explosion of the Internet’ where kids can now play their friends on their PC’s. This is a main threat, is often unlicensed as a result companies such as Nintendo will need to take legal action which can lead to additional cost to the company. The weakness of the video gaming industry is that they do not appeal to older people and females. However, Nintendo have taken seize of this opportunity with the launch of the Nintendo DS which is designed for older demographics as well as females aged 5-17years old female gamers. Nintendo can match its own capability with the opportunities in order to satisfy customer needs better than the competition by implementing a ‘marketing strategy’. This is the second element of the marketing process, this is a three-way process of segmentation, targeting and positioning. Figure 2. 1 There has been a move from mass marketing to target marketing as buyers differ in wants needs and resources. Mass marketing is when the company treats the whole market as homogeneous group but offering the same product, promotion and distribution for all customers. Target marketing is when the total market is divided in to smaller segments, where products are developed to meet the characteristics of each segment. Segmentation is when the target market is divided in to smaller pieces based on meaningful and shared characteristics. Targeting is the evaluation of market segments to decide which to go for; an organisation must do this because they can not effectively serve all segments in the market. Positioning is developing a market strategy, which tries to influence how a particular market segment perceives a good or service compared to the competition. There are two ways to implement you position, by having a Unique Selling Point or by having an Emotional Selling Point so your product has a unique association to the customer compared to your competitors. The gaming industry is expanding for various ages, namely the older generation and even more rapidly for various ages within the female population. As you can see (figure 2. 1), Nintendo largely dominates the hand-held gaming industry for the male population between the ages of 5-17, however there is still a large gap in gaming as a whole. Figure 2. 2 Nintendo has adopted demographic segmentation. They have decided to target girls between the ages of 5-17 with their Nintendo Dogs and people over the age of 45 with their Brain Age Series on the Nintendo DS. The Brain Age series is said to ‘improve mental agility and even slow the onset of dementia and Alzheimers disease 7’ Targeting older gamers is proving a smart move by Nintendo as software makers are also trying to wean themselves off the shrinking teen market. However, Nintendo will have the advantage by being the only player in the market, thus having the ease of use, as they will not need to use aggressive discounts and to share the market with your competitors. Over the last century the demographics have changed dramatically; as about 20% of Japans 127 million people are 65 and older, and the number is expected to rise to almost 26% by 20158. This has added to the success of Nintendo, as without integrating the various elements of the Marketing Process they would not have been able to find this gap and sell millions of their products to segments which have been largely excluded. Another benefit of targeting the older demographics is very profitable segment as they have a higher purchasing power than teenagers and what is more important about this segment is that they are less likely to get pirate games. Nintendo success also lies in their use of differentiated targeting strategy. This is when one or more products are developed for several customer groups, this is extremely important for Nintendo as their customers are choosing amongst brands that are well known. Nintendo has chosen to position itself as a kid friendly brand to build strong relationships with the gamers as well as the parents. For example Nintendo’s approach to selling its new Wii games console, their guests were working women with families. These were women with a big say in the family decision-making, who could be persuaded of the family-friendly advantages of the games. 9 This illustrates that Nintendo have taken in to consideration the changes in our society where there is an increasing influence of mothers decision on family purchases. Figure 2. 3 Having this perception of the company is useful as it’s mainly the parents who purchase games for their children; as a result parents are more likely to buy products that are suitable for the whole family. This is incredibly important to modern marketing, as one of the functions of modern marketing is to ensure that your products improve both societies and customers well being. This is emphasised by the societal marketing process: The model argues that the pure marketing concept overlooks possible conflicts between short-term consumer wants and long-term individual and societal welfare. Figure 2. 410 Nintendo has recognised their responsibility and by offering educational and non-violent games thus, they can project a good image of the company, and thus gain a competitive advantage over their competitors, for example Grand Theft Auto has been widely criticised for being too violent. Furthermore, Nintendo uses various positioning strategies such as emphasising their product attributes and benefits offered, by allowing people to exercise their mind and body, to stay young and healthy. This also benefits the society, as the population of the UK is increasingly becoming over weight, therefore this allows people to have fun and loose weight. This integration of their marketing strategies helps keep their title for being the dominators of handheld gaming for kids, and also allow them to be market leaders in the future for products aimed at the female market segment. The third process of the marketing process is developing the ‘marketing mix’ which consists of the 4 P’s. This is everything a firm does to influence customers to purchase their products. Product Products are anything that is offered to the market for acquisition, use or consumption which may satisfy a need or want. 11 There are three levels of a product, and a company needs to ensure that needs are met on each of these levels. I will use the Wii as an example to illustrate how Nintendo meet the needs on each level. Figure 3. 0 Core product: The core benefits that consumers are really buying when they obtain a product. The core product is not the tangible, physical product as this is the benefit of the product that makes it valuable to you. For example the ease of use such as Wii sports allows women, children and seniors to take part, as games such as bowling only takes minutes to master. The wireless controller of the Wii allows users feel as if though they are actually playing the game. Although the Wii doesnt boast all the features and processing firepower of its rivals, its easy-to-use controller will gives it an edge. Actual Product: A products parts, quality level, features, design, brand ame, packaging and other attributes that combine to deliver core product benefits. Nintendo Wii is an actual product. Its name, parts, styling, features, packaging and other attributes have all been combined carefully to deliver the core benefit, which is a convenient and unique social gaming experience for the whole family. One of the main elements of the actual product is the branding. A brand is defined a s a name, term, symbol or design, or a combination of these, intended to identify the goods or services of one seller or group of sellers and to differentiate them from the competitors12. Branding is a vital part of a product, and it can be used as a differentiating, functional legal and symbolic device, it shows sign of ownership and can also be used as a risk reducer. Branding is especially important in the case of Nintendo, as they need to differentiate themselves from the competitors. Having a strong brand will allow them to create a unique position in the market as customers will believe that only they can provide certain benefits as a result customers will be willing to pay premium and refuse substitutes. Augmented Products: Additional consumer services and benefits built around the core and actual products. The Wii case it comes with consumer warranty, online support and help around the clock along with a free support number. In addition by being an international brand in a global market they are able to standardise their products and ‘sell in all national markets the same kind of products sold at home, or in their largest export market. ’ 13 this allows for Nintendo to keep the prices of their consoles low as they do not have to change and adapt their offerings every time they enter a new market. Price Price is the value customers give up or exchange to obtain a desired product. Pricing is important to marketing, as it is the only part of the marketing mix that brings in profit for the company. Nintendo’s products are innovative and provide benefits that competitors can not provide, therefore there are two pricing strategy they can take: Market skimming: using a high price, where there is uniqueness about the product over competition in order to generate maximum profit. Market Penetration: where Prices are initially set low, in order to gain market share. Figure 3. 1 Nintendo has used penetration pricing, as it has priced the Wii nearly ? 100 pound cheaper than it rival Playstation3. It has been able to do by having no HD, no DVD, no Dolby 5. 1, low processor speed compared to the Playstaion3, however, by having a strong value for innovation they have ensured that they do not loose out on sales. Promotion This is how the product is communicated to potential and existing customers. Marketing communication can take many forms from television commercials to blinking messages in football stadiums. Therefore it is essential that all part of the marketing communication to be integrated through a well co-ordinated marketing promotional programme. 14 This is essential as it ensures that a consistent, persuasive and unified message is projected to the customer. In order to ensure that effective communication can be carried out, a company must have a clear target audience, decide on which response is sought and determine which stage of the buyer readiness stage the consumer is at. Figure 4. 0 the Buyer readiness Stages. Awareness is when the communicator needs to build up awareness of the product through simple name recognition method so that customers will purchase the products. Nintendo created awareness designing an innovative Digital poster which is controlled and updated from Nintendo’s Head Office. 15 The technology allows for new promotional messages to be delivered to all stores remotely and in less than 10 seconds. This has allowed Nintendo to send a unified message to all customers and thus ensuring that their strategies are integrated. This shows that Nintendo have truly embraced the revolutionary impact of the internet as a result they are able to re-act quickly to competitive campaign and unforeseeable events, furthermore thy can re-enforce brand messages at the point of purchase to increase awareness and influence buying decisions. Other promotional strategies Nintendo use is the pull and push strategy. Figure 4. 1 Nintendos uses the push strategy to promote its products; this is where higher profit margins for retailers are used to encourage stores to promote a certain product. Nintendo will use celebrities such as Nicole Kidman to advertise their products, thus developing an attitude amongst its target audience that the product is a fashion statement or a lifestyle alternative; as a result this product has become desirable amongst its customers. Stores can push products by displaying the Wii more prominently on shelves and putting up special demo kiosks and supplementary display materials (as shown below). Wii displayed prominently in retail out-let. Demo kiosk of the Wii in retail out-let. However, Nintendo also use the pull strategy whereby the idea is to make the product seem more desirable to consumers first, through massive advertising and promotion by the manufacturer, which will then translate into customers going into the store and demanding that product Figure 4. 2 This strategy was used for the Wii as they are struggling to meet consumer demand for the Wii as the console continues to sell out at retail just as quickly as it arrives. 16 As a result customers will be demanding for the retailer to stock the Wii. Place The final element of the mix is Place. This is the distribution channel/ method the firm uses to make their products available to the final customer. It is critical for firms to be able to manage their distribution cannel as it ensure that products and services are delivered at the right time, right place and the right price. Most businesses use intermediaries to bring their products to market as Producers normally supply a narrow range of products in large quantities; however Consumers want a broad range of products in small quantities. In the marketing channels, intermediaries buy large quantities from many manufacturers and break them down into smaller quantities and broader assortments wanted by consumer, in order to match supply and demand. Figure 5. 0 Channel 1 is called a direct-marketing channel, since it has no intermediary levels. In this case the manufacturer sells directly to customers. For example Nintendo selling their products to the final customer through their website. The remaining channels are indirect-marketing channels. For example in channel 2 it contains one intermediary (retailer). An example of this is Nintendo selling to large retailers such as Curry’s and Dixons, who then sells it to the final customer. The final stage of the marketing process is implementation and control. This occurs after the marketing plan has been completed and the product has been launched and offered to the market. The company takes feedback of the product form customers and by making a competitor marketing analysis. As result the marketing mix can be adjusted if needed to maintain or sustain competitive advantage. Nintendo are constantly respond to what their consumers are saying about their products, furthermore they have frequently asked questions section and advice pages on their website, thus providing personal relationships with their consumers. Marketing in the 21st century Changes in technology have revolutionised marketing, due to the rise of E-business/marketing/commerce, globalisation and social groups. As a result a new marketing is needed for a new kind of society. This has created the notion of relationship marketing where companies are using he internet to tailor products as closely as possible to each individual’s unique needs. Relationship marketing views ‘the consumer as a highly active agent’ unlike the traditional approach which perceives the consumer as ‘passive and receptive object’. 17 . Nintendo have embraced these changes and changed the ways in the way they sell their products, ranging from internet to retail stores, whilst constantly updating their website to keep customers informed. Nintendo have embracing the changes the changes in the marketing environment and trying to build a long-term relationship with customers. For example Nintendo are planning to allow the Wii to stay connected to the Internet in a mode that allows activation on a 24-hour basis form Nintendo. This would allow Nintendo to send monthly promotional demos for the DS, to the Wii consoles in each household. The key merit here is having promotional material delivered to our homes, instead of having to go collect it themselves and it also keeps the company and the customer connected. In conclusion, it is evident that marketing is essential for success in the 21st century where our society culture and values are changing very fast. Marketing allows for a business to understand consumers, and it allows for the company to get feedback so they can understand who and why consumers reject or accept your product. Marketing allows for a business to understand that in the 21st century building relationships outside the sales context is crucial. Giving customers the capability to relate with you as a brand, rather than a business, will offer opportunities to bring those customers close, but to get the most value out of this it is crucial that each customer can direct and define their communications with you.

Trail Of Tears Analysis Essay Example For Students

Trail Of Tears Analysis Essay Trail of Tears Trial of Tears and the Five Civilized Tribes During the early years of 1800s, valuable gold deposits were discovered in tribal lands, which by previous cessions had been reduced to about seven million acres in northwest Georgia, eastern Tennessee, and southwest North Carolina. In 1819 Georgia appealed to the U.S. government to remove the Cherokee from Georgia lands. When the appeal failed, attempts were made to purchase the territory. Meanwhile, in 1820 the Cherokee established a governmental system modeled on that of the United States, with an elected principal chief, a senate, and a house of representatives. Because of this system, the Cherokee were included as one of the so-called Five Civilized Tribes. The other four tribes were the Chickasaw, Choctaw, Creek, and the Seminoles. In 1832 the Supreme Court of the United States ruled that the Georgia legislation was unconstitutional; federal authorities, following Jacksons policy of Native American removal, ignored the decision. About five hundred leading Cherokee agreed in 1835 to cede the tribal territory in exchange for $5,700,000 and land in Indian Territory (now Oklahoma). Their action was repudiated by more than nine-tenths of the tribe, and several members of the group were later assassinated. In 1838 federal troops began forcible evicting the Cherokee. Approximately one thousand escaped to the North Carolina Mountains, purchased land, and incorporated in that state; they were the ancestors of the present-day Eastern Band. Most of the tribe, including the Western Band, was driven west about eight hundred miles in a forced march, known as the Trail of Tears. The march west included 18,000 to 20,000 people, of whom about 4000 perished through hunger, disease, and exposure. The Cherokee are of the Iroquoian linguistic family. Their economy, like that of the other southeastern tribes, was based on intensive agriculture, mainly of corn, beans, and squash. Deer, bear, and elk were hunted. The tribe was divided into seven matrilineal clans that were dispersed in war and peace moieties (half-tribes). The people lived in numerous permanent villages, some of which belonged to the war moiety, the rest to the peace moiety. In the early 19th century, the Cherokee demonstrated unusual adaptability to Western institutions, both in their governmental changes and in their adoption of Western method of animal harvesting and farming. Public schools wer e established and in the 1820s, a tribal member invented an 85-character syllable script for the Cherokee language. Widespread literacy followed almost immediately. In 1828 the first Native American newspaper, the Cherokee Phoenix, began publication. Today in Oklahoma, much of the culture has remained the same. Their traditional crafts are most strongly preserved by the Eastern Band where their basketry is considered to be equal to or better than that of earlier times. In Oklahoma the Cherokee live both on and off the reservation, scattered in urban centers and in isolated rural regions. Their occupations range form fishing to industrial labor to business management. In North Carolina, farming, forestry, factory work, and tourism are sources of income. As of 1990 there were 308,132 Cherokee descendants in the United States. Another member of the five tribes is the Seminoles, a Native American tribe of the Muskogean language family. Most now live in Oklahoma and southern Florida. The Seminole tribe developed in the 18th century from members of the Creed Confederacy, mostly Creeks and Hitchiti, who raided and eventually settled in Florida. We will write a custom essay on Trail Of Tears Analysis specifically for you for only $16.38 $13.9/page Order now After the United States acquired Florida in 1819, the territorial governor, Andrew Jackson, initiated a vigorous policy of tribal removal to open the land for white settlers. After the capture of their leader Osceola in 1837 and the end of the Second Seminole War in 1842, several thousand Seminole were forcibly moved west to Indian Territory. At the end of the Third Seminole War in 1858, about 250 more were sent west. The rest were allowed to remain, and their descendants signed a peace treaty with the United States in 1935. In 1964 the Miccosukee signed a 50-year agreement with national Park Service that allows the Miccosukee access to more than 300 acres of the Everglades. The Florida Seminole have five reservations. They farm, hunt, fish, and some run tourist-related businesses. Many still live in thatch-roofed, open-sided houses