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?
