[Market-farming] Pricing

Jackie Jameson jacqueline.jameson at gmail.com
Fri May 4 15:36:03 EDT 2012

Price fixing is illegal, as is other forms of collusion that restrain
trade.  This is anti-competitive, and anti-trust law is written in the
Sherman Act, RICO (Racketeer Influenced and Corrupt Organizations) and
other law.
I'm not a lawyer, and have only had a few law classes, but I thought I
would contribute that.
Jackie in NY

On Fri, May 4, 2012 at 3:28 PM, Road's End Farm
<organic87 at frontiernet.net>wrote:

> On May 4, 2012, at 3:02 PM, Richard Moyer wrote:
> We have a volunteer at our market that records prices on a variety of
> produce at market, then sends it into our Virginia Dept of Ag and Consumer
> Services.  They organize all the material and post it weekly; we can then
> see the statewide range of prices on many items we sell.
> http://www.vdacs.virginia.gov/marketnews/farmersmarkets.shtml
> Thanks very much! I've bookmarked it and added it to my list of price
> sources.
> When unit isn't specified, is the price per pound? In a few cases they
> said pint or bunch, but a lot of prices didn't say per what amount. -- I
> wonder if wildly different head sizes could explain the huge range on
> cabbage on one week that I checked at random, if the price is per head; or
> if one price could be per head and another per pound and that would explain
> it.
> New Farm used to do such a list at markets in a number of different areas
> and post it online, but I think they ran out of volunteers to manage it,
> and dropped it some years ago.
> On May 4, 2012, at 3:02 PM, Richard Moyer wrote:
>  I've on occasion let a fellow vendor know that we charge more, still sell
> all we bring, and leave it at that.  Would that be considered illegal in
> certain jurisdictions?
> I think it must be legal to simply tell other people what you are doing.
> If they wanted, after all, they could walk over to your stall and look at
> your prices. They could even come back near the end of market and see how
> much you had left.
> I don't think the illegal part is providing information. I think what's
> illegal is getting together and agreeing "OK, everybody is going to charge
> at least X." I often check other vendors' prices and sometimes even call
> and ask them before market (we have very cooperative markets, at some
> markets from what I've heard nobody would tell you); but it's only one of
> several things I take into consideration when setting prices and I may wind
> up with a price either below or above what they tell me/what I see theirs
> priced at (usually above, since mine's certified organic; but occasionally
> below, if theirs are bigger bunches or nicer looking or if I think they
> have the particular item way overpriced based on other criteria.)
> -- Rivka; Finger Lakes NY, Zone 6A now I think
> Fresh-market organic produce, small scale
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