[TriLUG] OT: Developer Rates

Jim Wright JWright at NetCentrics.com
Fri Apr 23 07:43:26 EDT 2004


Again, IANAL, but this is where I had read this previously....
>From http://www.hwg.org/resources/faqs/priceFAQ.html ...

"Is it illegal to discuss pricing? 
The short answer: YES (at least in the U.S. where many of our members
are).

The U.S. law specifically makes discussion of pricing between
competitors (all or some) a federal offense. According to either
Marshall Kragen or Lewis Rose (both practicing lawyers), several brokers
in DC were successfully prosecuted for simply discussing an increase of
fees at a dinner meeting.

When, where, or how doesn't matter. Any discussion of pricing by a group
of people within the same industry is illegal in the U.S. The feds call
it price fixing."

And this is from a DOJ document at
http://www.usdoj.gov/atr/public/guidelines/primer-ncu.htm

"Price Fixing 

Price fixing is an agreement among competitors to raise, fix, or
otherwise maintain the price at which their goods or services are sold.
It is not necessary that the competitors agree to charge exactly the
same price, or that every competitor in a given industry join the
conspiracy. Price fixing can take many forms, and any agreement that
restricts price competition violates the law. Other examples of
price-fixing agreements include those to: 

Establish or adhere to price discounts.

Hold prices firm. 

Eliminate or reduce discounts. 

Adopt a standard formula for computing prices. 

Maintain certain price differentials between different types, sizes, or
quantities of products. 

Adhere to a minimum fee or price schedule. 

Fix credit terms. 

Not advertise prices. 
In many cases, participants in a price-fixing conspiracy also establish
some type of policing mechanism to make sure that everyone adheres to
the agreement"

-----Original Message-----
From: trilug-bounces at trilug.org [mailto:trilug-bounces at trilug.org] On
Behalf Of Mike M
Sent: Thursday, April 22, 2004 11:40 PM
To: Triangle Linux Users Group discussion list
Subject: Re: [TriLUG] OT: Developer Rates

On Thu, Apr 22, 2004 at 04:33:32PM -0400, Jim Wright wrote:
> I would look for some of the general salary surveys that are out there

> on the web for info.  Keep in mind that discussing specific rates with

> people who could be considered your competition is illegal.

No it isn't.  You're thinking of price fixing where a small number of
concerns with the power to control the market colude to avoid competing
with each other.

--
Mike

Moving forward in pushing back the envelope of the corporate paradigm.
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