Professional Documents
Culture Documents
1 2
PART I
result of nonmarket pressure. Nike has become a leader in improving the working conditions in its suppliers' factories, and Wal-Mart has implemented an aggressive environmental program. Firms have more control over their fate in the markets in which they operate than they have in their nonmarket environment, but successful companies understand that if they do not manage their nonmarket environment, it will manage them. The long-run sustainabiity of competitive advantage requires managing effectively in the nonmarket environment. Companies like Google, McDonald's, and Toyota have learned that they can participate. both responsibly and effectively in influencing developments in their nonmarket environment. This book is about managing successfully in the nonmarket environment. The perspective taken is that of strategy- nonmarket strategy-and its implementation. That strategy is considered not in isolation but in conjunction with the firm's market or competitive strategy. This chapter introduces the environment of business, identifies the role of management in the nonmarket environment, and presents a framework for analyzing that environment. The framework is illustrated using the automobile industry as an example. The sources of change in the nonmarket environment are then considered, and a framework for assessing the development of nonmarket issues is presented.
CHAPTER 1
3 U
regulation and liability standards have similar broad effects. Import competition and access to international markets affect competitive strategies involving product design, pricing, and capacity planning. Each of these examples has two components-an underlying issue and its impact on performance. The fuel economy issue, for example, is related to global climate change and security and has broad implications for performance. The focus for management in the nonmarket environment is on how an automobile company can participate effectively and responsibly in the public and private processes addressing these issues. Activity in the nonmarket environment is generally organized around specific issues and is motivated by the impacts of those issues. The legislative process, for example, focuses on bills to address a specific issue, such as fuel economy standards. Managerial attention thus focuses on specific issues affecting performance. the forces driving those issues, the institutions in whose arenas the issues are addressed, and the participation of firms in shaping the resolution of those issues.
FIGURE 1-1
Market Environment
i 4
PART I
CHAPTER 1
5 U
PART I
Fuel Economy Exception In 2004 the National Highway Traffic Safety Administration (NHTSA) granted Nissan an exception from the two-fleet rule that automakers meet standards on both their domestic and imported fleets. Otherwise, Nisan said it would have to move production from its plants in Tennessee and Mississippi to its plant in Mexico, which Nissan had built as a result of the North American Free Trade Agreement (NAFTA). In 2007 Nissan supported higher fuel economy standards and lobbied for an extension of the exception with senators from Tennessee and Mississippi leading the effort. Fuel Economy Regulation (China) In 2003 the State Council of China chose a vveight-based system for fuel economy standards for automobiles, vans, and SUVs. The 2008 standards were somewhat higher than the standards in the United States. Fuel Economy Regulation (European Union) As part of its Kyoto Treaty obligations, the European Union (EU) had adopted a voluntary fuel economy standard of 140 grams of carbon dioxide per kilometer, but the industry failed to meet the standard. Under strong pressure from environmental groups, the European Commission proposed a mandatory standard of 120 grams for 2012. The European Parliament asked for a less aggressive standard to ease the burden on automakers, and the Commission relented, setting the standard at 130 grams for automobiles with an additional 10 grams to be achieved through more efficient tires, improved air conditioners, and cleaner fuels. The European Automobile Manufacturers Association warned that the requirements would "lead to a loss of jobs and relocation of production outside the EU."2 State CO2 Regulations The Clean Air Act authorized the EPA to grant California a waiver allowing it to set more stringent auto pollution standards than federal standards. In 2002 the California legislature added carbon dioxide to its list of pollutants and required by 2016 a 30 percent reduction in global-warming gases from cars and light trucks. The EPA denied the waiver application because global warming was not a localized externality and the federal government had just enacted sharply higher fuel economy standards. The Natural Resources Defense Council (NRDC) and other environniental groups strongly disagreed. In 2008 General Motors CEO Rick Waggoner urged the 10,000 members of the National Automobile Dealers Association to oppose state efforts to set their own limits on greenhouse gases emission. Waggoner explained, "Dealers are very effective in the political process because we don't have a plant in every state. We have dealers in every state."3 Automobile Access (India) Tata Motors announced its $2,500 Nano people's car in 2008 to make the automobile more broadly accessible in India. The car would have few safety features but would be far safer than a motor scooter, which many people used to transport families and goods. Emissions standards posed a risk, however, because major cities planned to adopt the Euro IV standards that required a 35-fold reduction in sulfur dioxide emissions. Battery Safety and Liability New generation hybrid and plug-in electric vehicles anticipated using lithium-ion batteries, which were quick to charge and capable of operating in all weather conditions.4 The batteries, however, posed a risk of explosion and fire in the event of manufacturing problems or damage to the battery and hence represented a liability risk for automakers. Batteries were expensive, and automakers sought tax credits for buyers of plug-in vehicles, as provided for certain hybrid vehicles. Federal FuelTaxes Since 1993 federal fuel taxes had remained fixed at 18.4 cents and 24.4 cents per gallon for gasoline and diesel, respectively. In 2008 a commission authorized by Congress recommended increasing taxes by as much as 40 cents a gallon over 5 years to fund infrastructure improvements. Taxpayer resistance was expected.
.Vew York Times. February 8,2007. San Jose Mercury News, February 10, 2008.
CHAPTER 1
Safety Standards NHTSA had responsibility for setting mandatory safety standards for motor vehicles. A major cause of vehicle deaths was single-vehicle rollover accidents, many of which were caused when a vehicle left the roadway. Automobile manufacturers had begun to use electronic stability control (ESC) systems and planned to equip 71 percent of their model year 2011 vehicles with the systems. NHTSA issued a new federal standard requiring all model year 2012 vehicles to be equipped with ESC. Drunk Driving Safety standards did little to address drunk driving, which was estimated to result in 13,000 deaths a year. Mothers Against Drunk Driving (MADD), the Alliance of Automobile Manufacturers, and a state highway officials association launched a campaign to change state drunk driving laws to require convicted drunk drivers to have ignition interlocks triggered by alcohol detection devices. Union Representation The United Auto Workers (UAW), whose membership had fallen by 50 percent over the past 20 years as the big-three automakers had lost market share, had been unable to enlist sufficient support to hold a representation election at any Toyota plant. When a leaked document revealed that Toyota planned to reduce its North American labor costs by $300 million in the next 4 years, the UAW launched a new drive to unionize its Georgetown, Kentucky plant. Worker Safety The UAW had located its Resource Center half a mile from Toyota's Georgetown plant and used data reported to the Occupational Safety and Health Administration (OSHA) to identify 1.800 injured workers who were no longer employed by Toyota. Toyota stated that in its 22 years the Georgetown plant had only once been cited for a safety violation. Antitrust In 2007 four Canadians filed a $2 billion lawsuit in U.S. courts complaining that they were restrained by U.S. car dealers from purchasing vehicles in the United States where prices were thousands of dollars lower as a result of the appreciation of the Canadian dollar. Free Trade Agreements (Korea) In 2007 Korea and the United States approved a free trade agreement in which Korea would immediately eliminate its 8 percent tariff on automobile imports from the United States and change the nontariff barrier of taxing cars based on engine size. The United States agreed to eliminate immediately its 2.5 percent tariff on small cars and eliminate the tariff on larger vehicles over 3 years. Congress, however, had to ratify the agreement. Canada and the European Union also began negotiating free trade agreements with Korea. Tariffs (China) In 2006 the European Union (EU) and the United States filed a formal complaint with the World Trade Organization (WTO) regarding China's average 30 percent tariff on whole vehicle imports and 15 percent tariff on automobile parts. Diversity In 2006 Toyota had rejected demands that it provide statistical and regional information on the ethnicity of its U.S. dealers and executives. The demand was made by the National Minority Automotive Advocacy Coalition (NMAAC), composed of 10 minority business groups. Toyota said that of its 1,430 Toyota and Lexus dealers, 32 were African American, 26 Asian American, 25 Hispanic, and 11 Native American, or 6.6 percent compared to the national average of 4.93 percent.5 Human Rights General Motors received a perfect score for 2007 from the Human Rights Campaign, a gay rights organization. Environmental Pressure At the New York auto show protesters from the Freedom From Oil campaign unfurled a banner reading "Toyota: The Truck That's Changing the Climate." Sarah Connolly explained, "Building the Prius does not give Toyota license to mass-produce the Tundra.b The campaign included demonstrations at Toyota dealerships and full-page newspaper ads criticizing Toyota. Activists were also upset that
I 8
PART I
Toyota had opposed higher fuel economy standards, and the NRDC launched a Web site. http:!/www.truthabouttoyota.comIvideonrdc-and-priusowners..changingminds.html. Corporate Social Responsibility The criticism Toyota received led it to launch an extensive corporate advertising campaign emphasizing its support for the environment and its social responsibility, in addition to its traditional theme of highlighting the economic investment and employment it provided in the United States. One advertisement on the environment asked, "Can you have an impact by making none at all?" Capacity Constraints (China) To control the growth of auto production capacity spurred by local tax incentives, Chinas National Development and Reform Commission issued guidelines restricting new construction permits. The new guidelines required companies to sell at least 80 percent of their capacity before a new permit could be issued. Recalls General Motors recalled 1.3 million trucks in 2005, and in 2006 NHTSA detected a fire risk in a two-inch-long speed control deactivation switch on .7 million Ford vehicles with cruise control. Recalls in 2007 were the lowest in four years, and the auto industry credited their efforts to reduce defects. Recalls (China) In 2004 China issued auto recall regulations, and in 2006 22 automakers recalled 283,536 vehicles. In 2007 Honda's joint venture with Guangzhou Automobile Corporation recalled 500,000 vehicles because of possible power steering and oil pump problems, and Honda's other joint venture with Dongfeng Motor Corporation recalled 45,000 CR-V SUVs because of shock absorber problems. Recalls (Japan) In 2006 police in Japan charged that Toyota had covered up a defective steering mechanism in an SU V. The company recalled the vehicles after Mitsubishi Motors executives were arrested for covering up vehicle defects. Products Liability A products liability lawsuit against Ford for an alleged defective roof on Expeditions went to trial in a California state court. CEO Tom LaSorda of Chrysler said, "The cost of lawsuits adds at least $500 to the price of every vehicle." A study by Tillinghast-Towers Perrin estimated that the cost of tort cases in 2004 was $260 billion, which represented 2.23 percent of GDP or $886 per person in the United States. Plaintiff lawyers and their Trial Lawyers Association had consistently succeeded in stopping federal tort reform. Intellectual Properly (China) In 2007 China Automobile Deutschland began selling in Europe the Jonway UFO, an SUV built in China that was a copy of a Toyota RAV4, the best-selling SUV in Europe. Toyota had failed to patent the design of the RAV4 in Europe. Toyota filed for patent protection for its next-generation RAV4. Media Coverage An activist with the Rainforest Action Network obtained a badge of a Mercedes Benz executive and attended the media day preceding the North American auto show. The activist asked a Toyota executive hostile questions while filming with a video camera. Noticing the false badge, the executive knocked the camera to the ground. The episode including the camera falling to the ground was filmed by other media and quickly appeared on YouTube. Interests Interests include those who have a stake in an issue and the organizations they form. U.S., Asian, and European automobile companies have interests that are opposed on some issues, such as the unionization of the plants of Japanese companies, hut are aligned on others such as the state regulation of carbon dioxide emissions. Other interests with direct economic stakes in these issues are car buyers and employees. Some interests are well organized, as in the case of workers represented by the UAW, and others, such as car buyers, are unorganized. Interests include special interest, activist, and advocacy groups and other NGOs. Special interest groups pursue issues because of the benefits that accrue to their members, as in the case of the trial lawyers' association. Watchdog groups monitor the
CHAPTER 1
9U
activities of firms and call those activities to the attention of the media, government, and public. Advocacy groups, such as the NRDC, represent the interests of individuals, such as those affected by pollution. Activist groups, such as the Rainforest Action Network, take direct action against firms to force them to change their policies. The organized and unorganized interests include:7 Organized Interests Alliance of Automobile Manufacturers European Automobile Manufacturers Mothers Against Drunk Driving National Automobile Dealers Association National Minority Automotive Advocacy Coalition Natural Resources Defense Council United Auto Workers Rainforest Action Network Trial lawyers Unorganized Interests Car buyers Citizens affected by global warming Nonunion workers (Toyota) Taxpayers Institutions The market and nonmarket environments in Figure 1-1 include activities that take place both within and outside formal institutions. The principal government institutions are legislatures, the executive branch, the judiciary, administrative agencies, regulatory agencies, and international institutions such as the World Trade Organization (WTO). These institutions both establish rules and serve as arenas in which interests compete to influence those rules. The nonmarket environment includes the set of laws, such as a fuel economy standard of 35 mpg, established by these institutions, as well as regulations, such as safety standards, established by administrative and regulatory agencies. The nonmarket environment also includes the common, or judge-made, law of torts, which governs the liability system. Institutions can also be established by private means. Such institutions include markets, the insurance system, and voluntary agreements such as those pertaining to carbon dioxide emissions in the European Union. The nonmarket environment also includes nongovernmental institutions such as the news media and public sentiment. As considered in Chapter 3, the news media plays an important role in informing those in the nonmarket environment about issues, but it also serves as an institution. That is, firms and other interests attempt to communicate to the public through the news media. The NRDC and other NGOs and activist organizations attempt to influence companies such as Toyota through public sentiment. Institutions are not unitary bodies. Congress is composed of two chambers and 535 members who represent constituencies with varied interests. Institutions also have internal structures that affect how nonmarket issues are addressed. Congress acts by majority rule, has a committee system, and follows a complex set of procedures for enacting legislation. Understanding the workings of these institutions, their procedures, and the forces that operate within them is essential for successful management in the nonmarket environment. Managers must also be familiar with the mandates, agendas. and procedures of regulatory agencies, such as NHTSA and EPA, and the standards used by the courts in rendering judgments about their actions.
Not all relevant interests are listed.
10
PART I
Strategy and he Nonmarket Environment Government officeholders may be active on nonmarket issues, and their actions to some extent reflect their personal interests. Their actions, however, are usually constrained by the mandates, procedures, and policies of the institutions in which they hold office and by the preferences of their political principals. The head of the EPA, for example, is accountable to the president, Congress, and the public. Legislators not only must follow legislative procedures and respect committee jurisdictions, but they also must be attentive to the preferences of their electoral constituents. Regulators must respect the mandates in their enabling legislation and follow a complex set of administrative procedures, both of which provide bases for judicial review. In addition, regulators must he attentive to their political principals in Congress and the office of the president. For these reasons, institutional officeholders, such as members of Congress and the administrator of NHTSA, are considered part of the institution rather than as an interest.8 Some institutions are specific to an individual country, whereas others represent a set of countries. The institutions in whose arenas the nonmarket issues for the automobile industry are addressed can he categorized as follows: United States Congress Presidency NHTSA Courts - federal Courts - state OSHA California legislature EPA Torts -liability International European Commission European Parliament NAFTA Environmental regulatory agencies (India) National Development and Reform Commission (China) State Council (China) Global WTO Kyoto Treaty News media Public sentiment Information Information refers to what interests and institutional officeholders know about an issue, the consequences of alternative courses of action, and the preferences of those concerned with the issue. Issues are often contested because interests have conflicting preferences regarding their resolution, as in the case of the proponents and opponents of a CO2 emissions standard of 120 grams per kilometer in the European Union. Issues can also be contested because interests have different information. Auto companies have superior information about the preferences of car buyers for higher fuel economy, and environmentalists may have superior information about the extent of public concern about climate change. Organizations such as the National Academy of
The exception is when the jobs of officeholders, the budget, or the status of the office is at stake.
CHAPTER 1
4
11
Sciences as well as universities play an important role in providing scientific assessments of issues such as fuel economy and auto safety. Information is also frequently at the heart of strategies for addressing nonmarket issues. Lobbying, for example, involves providing information to officeholders about the likely consequences of policy alternatives as in the case of Nissan and the dual fleet exception. Information provision is also important in regulatory rule making because of the complexity of most regulatory issues and because agencies are required to develop a record supporting their actions. Information can also be an instrument of nonmarket competition. On the issue of California's law to reduce CO2 emissions, the Union of Concerned Scientists estimated that compliance would increase the cost of a Ford Explorer by $1,960, whereas the Alliance of Automobile Manufacturers estimated that the cost increase would be $4,361. Information can be important to the progress of issues. The experience with NAFTA and the impact of imports from China on jobs in the United States and Europe generated opposition to further trade liberalization and threatened the free trade agreement with Korea. Information can also lead to resolution of an issue. Mounting evidence and growing public concern about climate change led automakers in the United States to stop opposing higher fuel efficiency standards, and the environmental groups' campaigns targeting Toyota sought to mobilize the public to pressure Toyota to do all it could to reduce CO2 emissions. The chapter cases on the pharmaceutical industry, McDonald's, and Google provide opportunities to characterize the issues, interests, institutions, and information in their nonmarket environments and to consider the progress of the issues.9