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ARTICLE · 14 DECEMBER 2015

Insistence – Redefining How We Think Of Antitrust

"Consumer insistence" was a term first coined by Melvin Copeland in his article, "Relation of Consumers' Buying Habits to Marketing Methods" in the Harvard Business Review in 1923.

United StatesAntitrust/Competition Law

Summary

"Consumer insistence" was a term first coined by Melvin Copeland in his article, "Relation of Consumers' Buying Habits to Marketing Methods" in the Harvard Business Review in 1923.1 In the article, Copeland describes consumer insistence as an extreme form of brand loyalty and demand manifestation such that when a "consumer approaches the purchase of an article in this attitude of mind, he accepts no substitute unless it is an emergency."2

The importance here is that insistence limits consumer switching because consumers vehemently insist on certain brands. Such brand owners have significant market power3 because of the unlikelihood that these brand owners will lose customers to competing brands. In such cases, this market power can lead the brand owners (or their distributors) to restrain trade and raise prices well above competitive levels.4 Therefore, the implications of insistence are far-reaching in terms of the economics and how we think about

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