money and big brother

[Wimblees@AOL.COM]

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In a message dated 1/27/01 2:01:00 AM !!!First Boot!!!, Motspheres@AOL.COM 
writes:


> Ed:
> All true, but there is a significant body of case law already out there 
> about 
> this, and it is not in our favor. Just the appearance of discussing prices 
> as 
> members of an association is cause for action. Ware, ware. 
> Paul
> 

Paul, Ed. etc.

In the 2000 Council book is the PTG's Antitrust Policies, which was adopted 
in January 2000. I am sure you can get a copy from the home office. 

"Discussion at association meetings may cover a broad range of issues 
pertinent to the interests or concerns of participants. Such discussions can 
address any subject without raising antitrust concerns if the discussions are 
kept scrupulously free of private regulation of the industry or profession. 
... The opinions are no more than informative presentations on which 
participants may act. as each considers appropriate. PTG members always have 
the right to object to the discussion of any subject that might present legal 
problems ..... There must be no discussions that may in any way tent to a) 
Raise, lower or stabilize prices or fees. b) Regulate production levels. k) 
current or future prices, i) what constitutes a fair profit or margin level. 
m) possible increases or decreases in prices. o) Pricing procedures u) 
Whether or not the pricing practices of any industry member are unethical or 
constitutes unfair trade practice. ... 

But then it turns around and states, "there can also be appropriate 
discussions at association meetings that have as a purpose or result: a) 
reporting on general industry or profession economic trends, c) Demonstrating 
methods by which an individual or firm can become more profitable by 
acquiring better knowledge of its own costs, d) summarizing effective methods 
of purchasing, manufacturing and marketing, etc. "

So the questions remains. First, is this list considered an association 
meeting? Second, are we actually setting prices, or just "Demonstrating 
methods by which an individual or firm can become more profitable by 
acquiring better knowledge of its own costs."

I don't think we are a true "association", in that not all the participants 
on this list are members of the PTG, and we are also not in a "called" 
meeting. While we may openly tell each other what we charge, I agree with Ed 
that I do not see a collusion among us that we should all charge the same 
thing. And as long as we disagree with each other as to how much we should 
charge, which we have the right to do, I don't see how that can be considered 
violating antiturst or consumer laws. 

On the other hand, I agree with Paul in that we should be careful that we 
don't "overdo" it. I don't think we will be in trouble if we discuss a few 
prices for comparisons, as long as we don't discuss the actual price we 
charge for specific items, with an attempt at coming up with a specific price 
for a specific function. 

Just my point of view

Wim 

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