The right to claim for civil damages in terms of section 65 of the Competition Act No. 89 of 1998 of South Africa (“CA of 1998”) is likely to contribute significantly to the objectives of the competition law in the country by serving as a deterring measure for companies to engage in anti-competitive behavior. Companies infringing the Competition Act will know that upon a finding of an infringement, they will have to pay back to consumers whatever profits they would have made illegally plus the litigation costs. These payments will be made in addition to the administrative penalties levied by the Competition Commission of South Africa, the Competition Tribunal of South Africa or the Competition Appeal Court of South Africa (“collectively referred to as the competition authorities”) and the possibility of directors’ criminal liability for causing companies to engage in cartel behavior. Therefore, the achievement of the objectives of the CA of 1998 as amended also depends on the effectiveness of civil damages claim provisions of section 65. However, the effectiveness of civil damages claims in terms of section 65 is compromised when consumers are incapable of exercising the right conferred to them in terms of this section. The recent increase on the findings by the competition authorities for an infringement of the prohibited practices in terms of chapter 2 of the CA of 1998, the period in which the respondents had engaged in those prohibited practices, the financial losses or damages suffered by consumers who in most cases are end users of the products or services and most importantly consumers inactiveness in exercising their rights to claim for such damages in terms of section 65 of the CA of 1998 have influenced the researcher to investigate the relevant section and the impediments to pursuing civil damages claims in terms thereof. The investigation both from the comparative law and individual consumer response shows amongst others the following as challenges that consumers will normally face to pursue their right in terms of section 65: the cost of litigation, lack of knowledge of consumer rights, lack of consumer activism, financial assistance, dragging of matters before the courts to frustrate consumers, complex procedures to claim damages before civil courts etc. There appears to be general consensus throughout the data collected by the researcher that private enforcement will discourage companies to engage in any form of anti-competitive behavior thereby serving as a deterrent mechanism for infringement in addition to the administrative penalties and directors’ criminal liability. Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

AFRIKAANS: Afrikaans, as een van 11 amptelike landstale, bevind homself in ’n unieke posisie as ’n belangrike bemarkingskommunikasietaal. Die assosiasie tussen Afrikaans en die apartheidsregering het die beeld van Afrikaans, oor jare, groot skade berokken. Afrikaanssprekendes is egter vir baie jare reeds die taalgroep met die grootste besteebare inkomste en ʼn teikengroep wat maklik bereikbaar is. Tog word Afrikaans dikwels nie ernstig deur die reklame-industrie opgeneem nie. Weinig is egter bekend oor wat Afrikaanssprekende verbruikers se houding teenoor bemarkingskommunikasie in Afrikaans is, of hulle dit hoegenaamd verkies en of hulle bereid is om daarvoor te vra. Die primêre navorsingsdoel van die studie was om stedelike Afrikaanssprekende verbruikers se houding, voorkeur en selfgelding ten opsigte van Afrikaanse bemarkingskommunikasie te bepaal en verder te ondersoek. Primêre data is met behulp van rekenaargesteunde telefoononderhoude ingesamel. Die teikenpopulasie was stedelike Afrikaanssprekende verbruikers in Suid-Afrika van 19 jaar en ouer. ’n Verteenwoordigende steekproef van 306 voltooide onderhoude is op ’n nie-ewekansige wyse met behulp van ʼn kwotasteekproef verkry. Die studie het bevind dat stedelike Afrikaanssprekende verbruikers ’n positiewe houding ten opsigte van Afrikaanse bemarkingskommunikasie het; dat hulle tot ’n baie groot mate ’n voorkeur vir Afrikaanse bemarkingskommunikasie bo Engelse bemarkingskommunikasie het, maar dat hulle tot ’n mindere mate bereid is om waarskynlik selfgeldend ten opsigte van Afrikaanse bemarkings-kommunikasie op te tree. Die resultate dui ook aan dat daar, met die uitsondering van verskillende ouderdomsgroepe, verskeie beduidende verskille in stedelike Afrikaanssprekende verbruikers se houding, voorkeur en selfgelding ten opsigte van Afrikaanse bemarkingskommunikasie voorkom, wat betref: demografiese profiel (inkomste, ras en geslag); Engelse taalvaardigheid; taalgroepidentiteit; die bemarkingskommunikasiemedium (kontakpersoneel, tasbare kommunikasie, reklame en verpakking); produkbetrokkenheid (ooreenkomstig die FCB-matriks); en produkte se posisie op die goedere-dienstekontinuum (suiwer diens, goedere-dienstekruising en suiwer produk). Onder meer toon die resultate dat vroulike respondente ’n positiewer houding het, ’n groter voorkeur het en meer waarskynlik selfgeldend sal optree ten opsigte van Afrikaanse bemarkingskommunikasie as manlike respondente. Die resultate toon ook dat, waar dienste en kontakpersoneel ter sprake is, stedelike Afrikaanssprekende verbruikers by uitstek Afrikaanse bemarkingskommunikasie verkies. Aspekte soos hierdie behoort in ag geneem te word wanneer ’n bemarkingskommunikasieplan, wat hierdie teikengroep insluit, ontwikkel word. Bemarkers en maatskappye wat daarin belangstel om met stedelike Afrikaanssprekende verbruikers ’n verhouding te bou, behoort ongetwyfeld die moeite te doen om met hierdie teikengroep in Afrikaans te kommunikeer. ENGLISH: Afrikaans, as one of the country’s 11 official languages, finds itself in a unique position as an important marketing communication language. The association between Afrikaans and the apartheid government, over years caused much damage to the image of Afrikaans. Afrikaans speakers, however, have for many years been the language group with the largest disposable income and are a target group that is easily reached. In spite of this, Afrikaans is frequently not being taken seriously by the advertising industry. Little is however known about the attitude of Afrikaans-speaking consumers towards marketing communication in Afrikaans, whether it is at all preferred by them and if they are prepared to ask for it. The primary research goal of the study was to determine and further investigate the attitude, preference and assertiveness of urban Afrikaans-speaking consumers in terms of Afrikaans marketing communication. Primary data was collected by means of computer-assisted telephone interviews. The target population was urban Afrikaans-speaking consumers in South Africa aged 19 years and older. A representative test sample of 306 completed interviews was obtained by means of a nonprobability quota sample. The study found that urban Afrikaans-speaking consumers have a positive attitude towards Afrikaans marketing communication; that they, to a very large extent, prefer Afrikaans marketing communication to English marketing communication, but that they are to a lesser extent prepared to likely act assertively with regards to Afrikaans marketing communication. The results further show that, with the exception of different age groups, various significant differences exist in urban Afrikaans-speaking consumers’ attitudes, preferences and assertiveness with regards to Afrikaans marketing communication concerning: demographic profile (income, race and gender); English language proficiency; language group identity; the marketing communication medium (contact personnel, tangible communication, advertising and packaging); product involvement (according to the FCB grid); and products’ position on the goods-services continuum (pure service, goods-services hybrid; pure tangible goods). Amongst other things, the results show that female respondents have a more positive attitude, a greater preference and are more likely to act assertively with regards to Afrikaans marketing communication than male respondents. The results also show that, especially where services and contact personnel are concerned, urban Afrikaans-speaking consumers prefer Afrikaans marketing communication. Aspects like these should be taken into consideration when a marketing communication plan, which includes this target group, is developed. Marketers and companies, who are interested in building a long-term relationship with urban Afrikaans-speaking consumers, should undoubtedly make the effort to communicate with this target group in Afrikaans. / Thesis (PhD)--University of Pretoria, 2009. / Communication Management / PhD / Unrestricted

The Agreement on Trade – Related Aspects of Intellectual Property Rights has almost universal application due to the large number of signatories from the World Trade Organization member states. 149 countries signed the TRIPS by 1994. Therefore, the TRIPS Agreement has also become a valuable tool for the protection of special intellectual property rights under the term geographical indications. GIs have current relevance in the world market to consumers who are healthy and quality conscious. The legal protection of GIs is due to their economic value to many countries where the producers are in rural areas. This is because most GIs are based on traditional methods of production which have earned goodwill. The TRIPS came in to prevent fee riding of such rights by producers who do not conform to the standards and rules of production. The TRIPS Agreement requires member states to harmonise their legal systems to provide legal means of protecting GIs to the standard stipulated therein. Malawi joined the WTO on 31 May 1995 which means that the obligation above mentioned is applicable from then on. Therefore, this study is an investigation of whether Malawi has complied with the obligations in article 1.1 of the TRIPS especially in so far as geographical indications rights are concerned. / Dissertation (LLM)--University of Pretoria, 2013. / Centre for Human Rights / unrestricted

Each individual/household progresses through the family life cycle (FLC). This progression, which is characterized by various stages and varying consumption portfolios, can be traditional or non-traditional in nature. In the general marketing sense, the FLC concept has great value. The concept is utilized in a variety of marketing activities, particularly in segmentation, and is also applied in consumer behaviour. The lack of research regarding the FLC in South Africa and the need to investigate the concept’s applicability to different environments motivated this research. The aim of the study was to determine how the FLC within a South African context compared to the theoretical depiction of the concept. The evaluation of literature revealed five distinct traditional stages and an array of non-traditional stages, determined by a combination of life stage determining variables. Regarding the empirical approach, self-administered questionnaires were distributed to a convenience sample consisting of 225 students and staff members of the then Port Elizabeth Technikon. The empirical findings revealed the following. {u100083} Non-traditional stages were more prevalent than traditional stages. ii {u100083} Marital status, the presence/absence of children and living arrangement appear to be sufficient life stage determining variables for both current and prospective life stage classifications. {u100083} The consumption portfolios of individuals in the traditional FLC were similar to theory. The research provided insight into the consumption portfolios of individuals in the non-traditional FLC. {u100083} Based on the intentions of certain individuals regarding marriage, having children and living arrangements, it appears as though the future FLC will include an integration of traditional and non-traditional progressions.

The purpose of this Master's Thesis is to investigate the attitudes of high net worth individuals toward country of origin information within the luxury goods market with respect to the quality of the products. The primary method used for the research is qualitative research based on in-depth interviews. Based on these in-depth interviews, the thesis demonstrates the synergy between the literature on country of origin and luxury goods and the consumers' quality perception on luxury based on country of origin.

This study critically examined how three Canadian ski resorts markets to the Nexus Generation (population cohort aged 18 to 35 years) by evaluating the marketing practices of three leading ski resorts owned by a major resort development company located in Canada. The research objectives were to critically review the resorts' marketing methods for profiling and targeting the Nexus Generation, and evaluate the effectiveness of these methods based on established theory in generational marketing. The study followed a case study approach and a qualitative research methodology. Marketing Directors from the three ski resorts were recruited into the study and interviewed using semi-structured interview methods. Interviews were conducted on-site at the respective resorts in order to provide a more natural environment for the participants and to facilitate field observations and collection of marketing plans and materials. Data analysis focused on the resorts' profiles and amenities, their target consumer groups, and their marketing approaches, including any use of generational marketing methods, and any targeting of Nexus. The results indicate that the ski resorts' application of generational marketing as a marketing strategy and their perceptions of Nexus as a market segment correlated well with theories of generational marketing and the Nexus generation. The Nexus generation was not identified as a specific target market, however, it overlapped many of the target groups outlined by the ski resorts. Although not marketed to directly, Nexus was identified as an important group and in particular their vitality and youth were valued as a desirable quality to have associated with the resort. Generational marketing was used by each of the resorts to varying degrees, however, further steps could be taken in this area such as determining major world and life experiences that have affected the attitudes of skiing consumers, including their perceptions of critical ski resort amenities and services, and their attitudes towards money and consumerism more generally. The analysis contributed to the literature by providing a concrete case study that critically evaluated generational marketing approaches at three Canadian ski resorts, and points the way for further use of generational marketing methods in the ski industry. / Education, Faculty of / Kinesiology, School of / Graduate

M.A. / Shopping centres in South Africa, regional ones in particular, find themselves existing in an increasingly competitive marketplace, where despite a move towards creating better marketing communications around centres, consumers are overwhelmed by such communications messages and by the abundance of centres from which to choose. This has created a problem of brand parity, where there is very little differentiation between centres, yet development shows no signs of slowing down. This causes further confusion by giving the consumer more choice, leading to brand switching. The problem is exacerbated by consumers who have become much more knowledgeable and far more demanding in terms of what they expect from products and services (Evers, 2005; trendwatching.com, 2007), including shopping centres. Additionally, shopping centre marketers have to deal with developers, owners, management companies and leasing agents, as well as tenants, who neither understand the process of branding nor believe in it, while also having to deal with their own lack of skills in the area of branding regional shopping centres. In light of this, there is a need to strategically conduct trend analysis, to see where the shopping centre industry is headed, so as to help centres create a sustainable competitive advantage in terms of branding (Gossen & Gresham, 2002) by being aware of trends, so that they can better meet the needs of the potential markets that they serve. Specifically, this requires a look at future mega trends that are affecting regional shopping centres based on what is termed the 3Es of branding, which are experiential branding, emotional branding and electronic branding. To this end, an ethnography was conducted, based on the trend analysis technique known as Trend Unit (Evers, 2005: trendwatching.com), which comprised a 14-year immersion study and encompassed the collection of data using participant observation, informal unstructured personal interviews and the review of media artefacts. The trend analysis revealed three new trends that are coined based on the 3Es of branding.

A number of lifestyle merchandising and advertising strategies are being used in the home furnishings industry. However, there is limited research regarding the effectiveness of these strategies. The purpose of this study was to explore consumers' attitudes toward the lifestyle concept. Analyses of several consumer behavior variables and descriptors offered noteworthy findings for the home furnishings industry. This study found that although lifestyle orientation is a valuable tool for delineating consumer markets, these segmentations were not significant determinates of consumers' preference for elements of the lifestyle construct. Retailers and manufacturers are not simply creating home furnishing collections that target the needs of specific psychographic segment, but rather creating lifestyles being aspired to obtain. Although respondents scored the attitude variables neutral, the current market environment offers many examples of successfully home furnishing implementations of the lifestyle concept. These success stories coupled with additional findings indicate consumers' positive response to lifestyle merchandising.

Many researchers (Cronin&Taylor: 1992, 1994, Grönroos, 1984; Parasuraman, Zeithaml&Berry: 1985, 1988) have devoted considerable attention to the development and testing of models for the measurement of service quality. Although some researchers (Chang&Yeh, 2002; Otto&Ritchie, 1996; Sergio&Hudson 2006) paid attention to service quality research within the tourism industry, little is known about service quality research within the business tourism sector and specifically at an International Convention Centre (ICC). Service quality focuses on the standard of service delivery and the interaction between the customer and the service provider in order to ensure that the customer’s expectations are met (Hernon, 2001:1; Palmer, 2005:64). The literature addresses several models for service quality for example “SERVQUAL” (Parasuraman et al., 1985, 1988), the “Servicescape” model developed by Booms and Bitner (1981:39) and the “Servuction” model (Eiglier&Langeard, 1987 in Palmer, 2005:82). SERVQUAL plays a more important role in the measurement of the service quality at a service firm, i.e. an ICC, than “Servicescape”. SERVQUAL focuses on five service quality dimensions: (1) tangible; (2) reliability; (3) responsiveness; (4) assurance and (5) empathy as identified by Parasuraman et al. (1988:23), while “Servicescape” covers the physical features of a service firm. In this study the researcher seeks to add some conceptual insight to the theoretical literature on service quality. This paper explores the use of the SERVQUAL model at an ICC as a diagnostic tool and examines the difficulties that arise with regards to the measurement of the gaps in service quality in the convention consumer market segments, both domestically and internationally. Suggestions are made that the full value of SERVQUAL may not be fully realised if the measurement processes are not well executed. It may be easy to adapt the SERVQUAL model and implement it in a survey (i.e. the Council of Scientific and Industrial Research (CSIR) ICC) and continue to measure the outcomes, but if that is not acted on it becomes a futile exercise. / Dissertation (MCom (Tourism Management))--University of Pretoria, 2007. / Tourism Management / unrestricted

Read the abstract in the section 00front of this document. / Dissertation (MSc (Agric) Food Science and Technology)--University of Pretoria, 2006. / Food Science / unrestricted