Chapter 04 – Ethical and Social Responsibility in Marketing
ICA 4-2: IN-CLASS ACTIVITY
The Ethics of Competitive Intelligence 1
Learning Objectives. To enable students to collect vital information about competitors
in a legal and ethical way and to demonstrate the opportunities and threats that information may
present so that organizations can take pre-emptive or responsive marketing actions.
Nature of the Activity. To have students determine whether the competitive intelligence
behavior scenarios described are ethical, legal, unethical, and/or illegal.
Definition. The following marketing terms are referred to in this in-class activity (ICA):
• Competitive Intelligence: According to Fuld & Company, “This phrase refers to
legally and ethically collected information on a rival that has been analyzed to the
point where you can make a decision.”2
Estimated Class Time and Teaching Suggestions. This ICA takes about 10 minutes.
You can have every student evaluate each scenario or create student groups to discuss each
scenario or make various student groups responsible for responding to one particular scenario.
Steps to Teach this ICA.
1. Give the following mini-lecture about competitive intelligence and Fuld & Company.
“Before competitive intelligence is gathered, an organization must identify the legal
restrictions based on the countries within which it operates and establish ethical
guidelines based on industry norms and its organizational policies. According to Fuld
& Company, the leader in business and competitive intelligence, many people
responsible for competitive intelligence within their organizations were not aware of
the Economic Espionage Act (1996) or other laws related to trade secret or
information collection as well as their own organizations’ policies on the subject.
Recently, Fuld & Company surveyed over 100 competitive intelligence professionals
regarding four hypothetical intelligence-gathering scenarios to assess whether the
behavior described was normal, aggressive, unethical, or illegal.”3
2. Have students respond to the following five competitive intelligence-gathering
scenarios. For each scenario, read the description, ask two or three students whether
this behavior is normal, aggressive, unethical, or illegal and their rationales. Finally,
read the conclusion developed by Fuld & Company.
• Scenario 1: Documents Left Behind at a Hotel. You become aware that your
competitor has its board meeting at a certain hotel, so you drop by that hotel
toward the end of the day to see what documents someone had left behind.