[thelist] re:site price help
Oliver Lineham
oliver at lineham.co.nz
Tue Jul 18 02:00:50 CDT 2000
At 23:30 17/07/00 -0500, you wrote:
>The definition of price-fixing is the agreement to set a minimum price or
>maximum price or both (by setting the only price) to the exclusion of others
>in the same field of commerce.
I'm pretty sure that's wrong. For example, there are a finite number of
petrol companies: if every petrol company was party to an agreement to hold
prices high that would certainly be illegal, but wouldn't be to the
exclusion of others. It's called a cartel.
I don't know about the US, but this is how it works elsewhere in the world.
>pound AND THEN DON'T TELL ANYONE OF THEIR 'COOPERATIVE PRICING' then they
I'm pretty sure that's wrong also. Again, the petrol companies can agree
to hold prices high, but you are saying it would be ok as long as they tell
everyone?
>are in agreement to fix a price for the purposes of driving everyone else
>out of business and therefrom creating a horizontal monopoly.
Price fixing is one part of competition law, abuse of a dominant position
(as the above quote talks of) is something else entirely.
To bring this topic back to evolt, the question is whether we should avoid
discussing our rates on thelist. I don't imagine thelist members would
explicity talk about holding prices high. I also don't imagine that any
investigation by an authority into such discussions on thelist would result
in any action. That said, an investigation would itself be enough of a
hassle for those involved. The bottom line is that it is up to the
individual to decide whether discussing prices with competitors is worth
the risk.
Legal issues aside, there is also the matter of competitive advantage.
Pricing is a sensitive issue. Often responses to tenders are required to be
kept secret, so competitors don't know too much about the pricing.
I can't speak for the rest of evolt.org admin, but my stance is that
members are welcome to discuss whatever they want, related to this
industry. I wouldn't intervene. It is up to the individual.
</ol>
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v i b e m e d i a http://www.vibe.co.nz/
po box 10-492 wellington, new zealand
phone +64 21 210-7845 oliver at lineham.co.nz
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