Case analysis Hussainara Khatoon and Ors. V. Home Secretary, State of Bihar, Patna
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Assignment Assignm ent – Performance Per formance Indicator In dicator Case
Performance Indicator has acquired exclusive rights from Batelle Memorial Institute (BMI) to a technology/ manufacturing process for use in golf balls that would change the color or appearance of balls when they had been submerged in water for an extended period of time !he benefit of this technology is the ability to assess the diminished performance of used balls" whether whet her purchased or found on o n a golf course cour se Performance Indicator would generate revenues by licensing this technology to golf ball manufact manufacturers urers !he demand would be driven driven by golfers golfers understanding understanding the benefit benefit of being being able to #now that a used ball does not face the negative impact of water submersion $iven this unique situation" PI faces a number of specific mar#et dynamics% •
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!here is no benefit of the technology to customers with respect to the purchase of a new ball !he only reali&ed benefit comes from the added confidence of #nowing that a used ball bought or found from the golf course still retains high quality quality 'hile it appears that used balls comprised *+,- of the total golf balls in use" the new balls logically are purchased by customers who are price insensitive whereas used balls are usually purchased by customers cu stomers who are a re price pr ice sensitive .s a result" the cost of introducing the technology is more heavily borne by the customers who do reali&e the benefit of the technology !he benefit to customers of technology is only reali&ed if it is universally adopted !he case describes that divers can recover a ,,",,, balls per golf course each year 0owever" if the technology is universally adopted" balls found will have turned gray in four days of being submerged in water !his ta#es away the economic incentive of recovering the ball .s a result" the supply of used balls will essentially dry out both by gray balls bal ls being removed re moved and by reduced re duced incentives incent ives for divers di vers to retrieve ret rieve them
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!hei !heirr will willin ingn gnes esss to pay pay come comess from from the the bene benefi fitt that that they they have have from from the the use use of new new technology" which comes from either the ability to increase the prince or a resulting transfer of volume from used balls usage to new balls usage .s PI is tal#ing to individual manufacturer of new balls" there perspective is shaped by a couple of considerations% considerations% o
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!here customers have to be sufficiently brand loyal to buy their new balls when there used balls become less available" as opposed to buying another manufacturer1s new balls If that happens to be true" does the quantity benefit outweigh the incremental cost2
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It only wor#s if it is universally adopted adopted . possible path to do so is to convince the 45 $olf .ssociation (45$.) as the benefit of the technology to the golfers and manufacturers ali#e would be optimal if it is
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universally adopted !his would require a regulatory body li#e 45$. to ensure the inclusion of this technology in the manufacturing process of new balls .nother consideration is that will there be a benefit if the technology is universally adopted
4sed ball mar#et might disappear" forcing the mar#et to completely switch to using new balls 6etreaters of damaged balls may utili&e the technology to pic# out the grayed balls and replace their outer cover to repac#age the ball
!he potential customers for them include% •
Manufacturers of 7ew balls% !he primary potential customer would be the manufacturers of new balls including the mar#et leader as well as the others
4. Would all golfers be better off if PI’s technology were universally adopted? If not, which golfers would be made better off/worse off by universal adoption?
. What should determine the decision of an individual manufacturer !e.g., "ridgestone, #cushnet$ regarding whether to adopt PI’s technology?
%. Is &'hibit right? (r relevant? )ow would you improve it?