Wednesday, April 18, 2007

Peter's Principle & Murphy's Law, but what about Dr. Miles' Rule?

Does everyone know the Dr. Miles rule?

Oh sure, mention the Peter Principle or Murphy's Law and anyone can throw in an anecdote or two regarding these universal maxims. But what about the Dr. Miles Rule?

OK, for those non-legal beagles (in otherwords, for most of us) Dr. Miles was the manufacturer who, 96 years ago, sought to fix retail prices (of its patent medicines). The result was an antitrust ruling that was intended to promote competition by barring manufacturers from telling retailers the lowest prices at which they can sell products. In otherwords, Dr. Miles helped shape the 20th-century marketplace by giving rise to the manufacturer's suggested retail price, or MSRP.

So what?

Well, in late March US Supreme Court Justices were split on whether or not to overturn the 96-year-old antitrust ruling -- a decision that could once again shape the marketplace.

The rule has come under increasing attack in recent years, with critics charging that the century-old ruling was too rigid to take into account current market factors - including the perceived problem of "free-rider" discount retailers, who piggyback on the advertising, promotion and informed sales force of other merchants selling the same product.

Again, so what?

When we try to live a principled life -- a Responsible Life based on principles of honesty, integrity, respect and commitment -- then we need to be aware of the constantly changing state of life and culture. While the Dr. Miles Rule may have been an essential way to contribute and help capitalism grow*, it may now be a tool that hinders this system from adapting to the current market.

Like business, we must be constantly vigilant about what rules or policies now impede our growth process, rather than aid our growth. Take for example a common rule: no dating in the office environment. This is a simple rule that is highly beneficial and, for the most part, easy to follow. However, what if you meet, befriend and develop a close friendship with a special person in the office. I am not talking a surge of lust that lasts for months (or maybe even years -- depending on how prone to fantasy you are;) but the kind of relationship that takes into consideration hobbies, values, interests and personality traits. The kind of friendship you can live without, but choose to nurture and grow. Should your rule apply? Or should you throw caution to the wind and take a chance?

The fact is rules are created in an effort to protect and nurture one aspect of life we value over another. In the office rule -- mentioned above -- the rule not to date in the office environs is prefaced on the decision to put professional status and growth above personal growth, in that environment. The same applies for all other rules, including the legally known Dr. Miles Rule in antitrust law. We are all aware that the marketplace is changing and evolving and as a result we need to examine whether or not the rules our forefathers created are still applicable and necessary.

This process of query, analysis and revision helps us as individuals and as a society grow and evolve.


*NOTE: This blog does not endorse or criticize North America's choice to support capitalism. The blog simply acknowledges that the current economic and legal decisions are made based on the philosophy that this economic system is the initial and only choice of Western Neo-Liberal Democracies.

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