[consulting] Estimation-Blowout case-studies wanted

Eric Goldhagen eric at openflows.com
Mon Mar 2 20:22:22 UTC 2009


At 3:11 PM -0500 3/2/09, Sam Cohen wrote:
>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.
>


The issue is if it could, in any way, be interpreted in the future as 
part of an illegal act.

For those of us that work primarily in the US, sharing rates with 
others can be illegal in certain contexts. That's the bottom line.

For me, I prefer to play it safe and follow the advice of my lawyers:
never discuss rates with other groups, especially on a publicly archived list.

We have worked on some potentially controversial projects that could 
make us a target of unreasonable actions by the State. You are 
certainly free to take whatever risks you feel are acceptable, but I 
would have to unsub from this list if discussion of rates became an 
acceptable topic

--Eric


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