4.5 Ethical Issues in B2B Marketing

Bribes and “Grease Payments”

Transparency International, a watchdog group, annually ranks the likelihood of companies from the world’s industrialized countries to bribe abroad. The index ranks 180 countries and territories by their perceived levels of public sector corruption on a sale of 1 to 100, in which 100 is perceived to be very clean and 0 is perceived to be highly corrupt.¹⁷

Which countries ranked in the bottom five for 2021? Let’s take a look:

• South Sudan
• Syria
• Somalia
• Venezuela
• Yemen¹⁸

If you’re curious, the United States ranked 25th in the world. And the least corrupt countries in 2021? That would be Denmark, Finland, and New Zealand, which tied for first place.¹⁹

Let’s consider how you would handle a scenario involving bribes. You’re the plant manager in Taiwan for a US-based electronics company. You are expecting a critical shipment of diodes that are being imported into Taiwan from South Vietnam. Without the diodes, you will miss an important production deadline for a new—and potentially lucrative—customer. The shipment arrives in the Port of Taipei on a timely basis, but customs refuse to release the shipment, claiming that it needs to do further inspection, and it may be several days or even a couple of weeks before the shipment is released. However, an agent of customs advises you that in exchange for a “facilitation fee” of several hundred dollars, the process can be expedited. How do you handle this? Do you pay the “facilitation fee” (essentially a bribe, which is illegal according to the Foreign Corrupt Practices Act, covered below) and meet your customer’s deadline, or do you refuse to pay the fee and miss your customer’s deadline? How will missing that deadline impact your firm’s relationship with the new customer?

Let’s consider how you would handle still another similar scenario. You’re the regional distribution manager for a US company, and you’ve been assigned to head up a new distribution facility in a South American country. At least two other competitors (both foreign corporations) are also trying to enter the same market, so you’ve been instructed to establish this facility as quickly as possible in order to beat the competition. However, government officials have advised you that it may take up to 10 months to obtain a building permit but that the time frame could be considerably shortened in exchange for the payment of an “expediting fee.” These fees (essentially a bribe) are both illegal according to US law. However, your competitors are foreign firms not subject to US law, and paying such fees is neither illegal nor considered unethical. How will you handle this situation? Will you pay the fees in order to be first in the market, or will you let your competitors beat you to the market?

These are a couple of dilemmas faced by marketers in B2B situations.

Price Fixing

Price fixing—an agreement among competitors (either written, verbal, or inferred from the parties’ conduct) that affects prices or competitive terms—is prohibited by the Federal Trade Commission (FTC).²⁰ Keep in mind that, despite the term, price fixing isn’t confined to an agreement to set the same price. Companies can also be involved in price fixing if they offer or withhold the same discounts or shipping terms or set a production amount or quota.

Price fixing is illegal because it’s considered anticompetitive and hurts both consumers and businesses. Let’s illustrate with a real-life example with a company you’re likely familiar with—StarKist. In 2019, a San Francisco federal judge ordered the company to pay a fine in the amount of $100 million in connection with a canned tuna price-fixing conspiracy that involved StarKist, Bumble Bee Foods, and Chicken of the Sea, who regularly exchanged information about their sales and plans for pricing. The lawsuit alleged that, under the scheme, consumers were forced to pay more for canned tuna than they would have otherwise.²¹