Re: 56K / X2 pricing

Lee Levitt ( )
Thu, 19 Jun 1997 09:51:21 -0400

At 08:37 AM 6/19/97 -0400, you wrote:
>That is correct; price fixing would only apply if the participants were
>large enough to control an entire market, such as AT&T, MCI, Sprint in long
>distance service.

Um, no.

If two gas station owners get together over coffee or on a mailing list and
decide that premium is going to go for $1.49, that's price fixing. It has
*nothing* to do with free speech or the forum on which it's conducted. If
the *intent* is to offer similar pricing it doesn't matter where or how or
why or who. If you agree with *any* of your competitors to offer equivalent
pricing, that's price fixing. And you pay a fine and/or go to jail.

You're certainly allowed to *watch* the competition to see how they price
their products and services. You can even match them to the penny. But when
you go across the street and say "How about $1.49?" then you've stepped
over the line.

If two ISPs decide that $20/call is what they're going to charge for tech
support calls, *that's* price fixing too. And you pay a fine and/or go to

If you don't believe me call your lawyer. If you don't have one, get one.

And if you're going to talk about price setting, don't do it on a public
and traceable forum such as this list. Do it over coffee. Best of luck to
you. :)

Can we end this discussion now?