On 4/12/05 9:17 AM, "Jeff Olson" <jlolson@cal.net> wrote:
> As for anti-trust laws, from my study of them during my econ-major days, I
> consider them to be an incoherent, logically contradictory mess -- and their
> execution even *more* logically incoherent and contradictory. But even as
> crazy as they are, they don't forbid people or organizations from posting
> prices, or from making wages public knowledge; that's done by most major
> businesses in the U.S. Anti-trust concerns *collusion*, implied or
> explicit, not public disclosure of basic business data.
Certainly the anti-trust laws were originally intended to curb excesses
of monopolistic railroads and the like, but the laws were written so that
they applied to any "agreement as to price," and thus were used, among other
things, to quash the early labor movement. The labor laws are specifically
written exempting labor - under strictly defined conditions - from antitrust
prosecution.
Where things get sticky, from the point of view of PTG, is in the area
of "implied collusion" and how that might be interpreted. I think the real
danger (as long as we don't actually "collude") isn't so much federal
oversight as someone with an ax to grind filing a complaint, even a specious
one. If there is no evidence, it would be dismissed summarily. But if there
is something which could be taken as evidence (ie, giving the appearance of
potential collusion), legal costs could bankrupt us even if it were proved
there was no collusion.
The document currently posted in the membership area (under 2004,
antitrust) is precisely what I was arguing PTG should obtain. It is a
detailed, reasoned document, setting out precisely where and how anti-trust
law applies to us, and precisely what activities we should avoid. I applaud
the board for having gone to this trouble and expense. But, again, I wonder
why in the world it is hidden away. At the least, it should be included in
the next "supplement" with by-laws and whatnot.
Regards,
Fred Sturm
University of New Mexico
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