[Market-farming] Re: Prices

Franklin W. Davis Parsons2 at attbi.com
Thu Jan 9 19:04:09 EST 2003


  Hi jay gee...if Uncle is snooping on farm lists for price fixin' with the
technology they have ... they ain't gonna have a problem pickin' up e-mail
off list....:-) now talkin' about stuffin' bombs in tomatoes might get ya in
trouble...:-)   Franklin
----- Original Message -----
From: "jay gee" <jgj23 at mindspring.com>
To: <market-farming at lists.ibiblio.org>
Sent: Thursday, January 09, 2003 5:04 PM
Subject: Re: [Market-farming] Re: Prices


> Liz Pike wrote:
>
> >>
>  Fyi, (I've had several private emails already), Patricia was discouraged
>  from price discussion by a list member concerned that the FTC would see
>  these discussions as "price-fixing". I understand the point, up to a
point,
>  BUT.....
>
>  If the FTC is so concerned over our small part in the retail/ag world,
I'll
>  gladly bare the brunt.  It might be negative publicity, but I could sure
> <snip>
> <<
>
> To Liz and all:
>
> I was the person who contacted Patricia with a message
> suggesting that price discussions be conducted off list.
>
> IANAL and  I may be accused of cynicism and paranoia, but
> only the former applies, not the latter.
>
> While one's volunteering what they are getting for a
> product in the course of a normal message sequence
> is probably nothing to worry about, telling what you are
> getting and soliciting information about what others are
> getting, in advance of the selling season, or asking what
> people are planning to sell for is a whole 'nother subject.
>
> One does not have to fix prices in the marketplace to be
> accused and prosecuted for "conspiracy to fix prices,"
> which is a serious federal felony.
>
> Agriculture has a long history of price fixing behavior, not only
> on a large scale, but locally as well.  Prosecution happens.
>
> Don't be surprised if the FTC and Dept of Ag. use programs to
> sift email searching for price related discussions.  That is how
> the SEC caught a number of security law violators who thought
> they were too small a fish to be troubled with.  Discussion lists
> were where they started, followed by search warrant backed
> monitoring of all email from likely subjects.  Remember, any
> email posted to a discussion list is not private.  And, unless
> you use encryption software, regular email is not private either.
>
> I am not trying to run anyone off Liz, but neither do I have any
> desire to see someone get prosecuted (or even threatened
> with prosecution) for their behavior when a few cautionary
> words can be applied.
>
> I doubt if any of you have the resources of an ADM or Cargill
> to do battle with a government agency for a protracted period
> over a criminal indictment.
>
> Enough said.
>
> jay gee
> not a farmer but interested in farming
>
> FYI -- The original off list message to Pat follows:
> ----------------------------------------------
>  PATRICIASHERBS at aol.com wrote:
>
> >>>>
>     So no one is planning now on changing much for 2003?
>   My planned changes so far-  to do local wholesale again,  offer
>  contractor's discounts, double my advertising budget, and improve my
signage
>  everywhere on everything.
>     I'm pleased to hear from other plant & herb growers.  I hope we can
keep
>  these discussions on going.   What have you found to be the most
successful
>  tool/promo on your mailing lists or web sites?    What are your pot
prices?
> <<<<
>
> Hi Pat,
>
> Most of the time, prices are not discussed in newsgroups.
>
> Unless cost structures are being analyzed, the Federal
> Government (FTC) looks down on price discussions
> as possible attempts at price fixing collusion.
>
> If you want to discuss prices with someone, take your
> questions off list.  But don't be surprised if people are
> unwilling to discuss price, for the reasons mentioned
> above.
>
> BTW, some people do discuss price because they
> don't know any better, but the more experienced
> contributors stay away from it, especially before a
> season begins.
> ------------------------------------------------------------
>
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