Day 257 - 06 Jun 96 - Page 55


     
     1   MR. JUSTICE BELL:  Carry on this afternoon.  I would really like
     2        you to get through Mr. Fairgrieve by lunchtime tomorrow.
     3        For all I know, you were not going to go anywhere near
     4        lunchtime.
     5
     6   MS. STEEL:  I do not know, because the trouble is both of us
     7        have questions and neither of us know how long the other is
     8        going to take.
     9
    10   MR. JUSTICE BELL:  Yes. I am not going to put a time limit on
    11        you now, but I would like you to do your best to do that.
    12        Even if you cannot do it this afternoon, I would like you
    13        to come back in the morning with the broad propositions you
    14        would like to establish, because whatever the figures say,
    15        for all I know Mr. Fairgrieve would agree with them.  Do
    16        you understand?  You put one on the advertising angle about
    17        half an hour ago and, essentially, it seemed to me he
    18        agreed with you about that.  In fact, it was pretty
    19        apparent that other people involved in marketing on this or
    20        the other side of the Atlantic who were called as
    21        advertising witnesses accepted that too.
    22
    23        It may not have been a surprise to anyone if it is
    24        McDonald's case that they are really looking at people who
    25        already use the informal eating out sector.  Within that
    26        they are really looking at people who already use burger
    27        houses and are concentrating on them.  If it is common
    28        ground that the most fertile ground for advertising is
    29        people who already use them quite considerably anyway, it
    30        may logically follow that they are encouraging people who
    31        already use burger houses quite a lot to use them even
    32        more.  But I do not know.
    33
    34        You may have planned it already, but, if you have not done
    35        so, I would invite you overnight just to sit down and think
    36        "What is it which I would really" -- the main propositions
    37         -- forget the detailed figures; forget the detail of the
    38        documents for this purpose -- "What are the main
    39        propositions which I want to put in this section", and then
    40        put them to Mr. Fairgrieve in the morning, if not before;
    41        because if he agrees with your proposition you need not dig
    42        any further on it.  If he does not agree with it, you may
    43        want to put this document or that document to him.  Then
    44        I can understand what you are really aiming for in this
    45        little section of the case, which I have called "eating
    46        frequency" for my own purposes, and I can see which of your
    47        propositions Mr. Fairgrieve actually agrees with.
    48
    49   MS. STEEL:   Yes.
    50 
    51   MR. JUSTICE BELL:  Anyway, carry on now, but I would ask you to 
    52        bear those comments in mind. 
    53
    54   MS. STEEL:   (To the witness):  Have you still got page 8 open?
    55        A.  Yes.
    56
    57   Q.   Just one other thing on that to make this clear.  You have
    58        said that this means that, basically, on average, people
    59        who buy cheeseburgers they are average spenders in
    60        McDonald's, yes?

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