[consulting] Estimation-Blowout case-studies wanted

Sam Cohen sam at samcohen.com
Mon Mar 2 20:11:34 UTC 2009


>
> Companies discussing their rates publicly with other companies, in
> the US, can be considered an element of illegal price fixing -- Even
> when fixing prices is not the intent of the discussion. If a
> conversation on this list indirectly led to some
> companies/consultants raising their rates to be in-line with their
> competition, it could cross the line and become illegal.
>

That's different than saying sharing your rates with others is illegal.
Yes, it can be an element in price fixing, but that doesn't mean it is
illegal in itself.


>
> It is best to simply avoid discussions of rates on public lists if
> the people posting information operate within the US.
>


I know that most people believe this, but I'd still like to see any evidence
of anyone every being prosecuted for doing this or anything that actually
says sharing rates among competitors is illegal. This seems especially
dubious in a field like ours where we are subcontracting to one another.  If
it's illegal to share rates with your competitors, anytime I try and
subcontract work and ask the "competitor" what his rate is I may be
violating the law.

And I think it's normal for lawyers to play it safe and warn against things
that could possibly lead to a lawsuit.

And it's normal for list moderators to want to play it safe and not take
chances.

But I'm far from convinced that its illegal to share your rates with your
competitors,one to one or on a mailing list.

Sam
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