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Rate recommendation is not price fixing
Thread poster: Jacek Krankowski
Jacek Krankowski  Identity Verified
English to Polish
+ ...
Apr 16, 2002

To pick up on another thread: I do not think that informing members of a minimum level of decency in rates would be viewed as price fixing even in the US as long as ProZ does not enforce such a mechanism, i.e. the choice whether to yield to the 2ct/wd pressure from agencies or not is left up to every individual alone. Agreeing on a price is very different from advising as to what going rates are in a given geographical region, provided that no one would be induced to apply them and no one would be penalized for not complying with such guidelines. Merely complying with the pre-2ct/wd status quo is not tantamount to setting a price.



WHAT IS PRICE FIXING?

Most state statutes provide that fixing the price of a product or service in agreement with another individual or business is illegal. The general rule provides that a vendor may not in combination with another vendor agree to set a certain price thereby creating a fixed price within a certain market. A business acting on its own and not in concert with another may use legitimate efforts to obtain the best price they can, including their ability to raise prices to the detriment of the general public. Also, conformity of prices within a given product is not illegal unless such conformity was created by a combination of vendors agreeing on a set price. For example, where competitors agree to sell their goods or services at a specified price, minimum price or maximum price and they receive profits from such an agreement, they are in violation of price fixing. Additionally, setting a price to be charged only within a certain area in order to get rid of competition or to create a monopoly is generally illegal under most state laws. A majority of states have also enacted a \"Below-Sales-Cost\" law wherein businesses may not sell goods below cost if they do so with anti-competitive intent or effect.



This information is only a brief summary of the extensive price fixing laws and regulations. For specific application of price fixing regulations, please consult with an attorney.

http://business-law.freeadvice.com/trade_regulation/price_fixing.htm





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bochkor
Local time: 09:28
English to German
+ ...
Totally agree with this distinction! Apr 16, 2002

Rate recommendation is not price fixing. Also, thank you very much for the legal info!

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Ursula Peter-Czichi  Identity Verified
United States
Local time: 09:28
German to English
+ ...
I don't see the problem! Apr 17, 2002

There is a minimum-wage-law in the US.

Nobody questions the legality.

Other sites have restrictions, such as giving a set low limit. You couldn\'t enter an offer lower than that.



Of course, I don\'t want to. Working for 2 cents/word in the US means that your work will cost you money.


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Heather Drake  Identity Verified
Local time: 08:28
Spanish to English
+ ...
I absolutely agree. However, working for 2c/w in Mexico would have me looking for another job ! Apr 17, 2002

Quote:


On 2002-04-16 16:11, jacek wrote:

To pick up on another thread: I do not think that informing members of a minimum level of decency in rates would be viewed as price fixing even in the US as long as ProZ does not enforce such a mechanism, i.e. the choice whether to yield to the 2ct/wd pressure from agencies or not is left up to every individual alone. Agreeing on a price is very different from advising as to what going rates are in a given geographical region, provided that no one would be induced to apply them and no one would be penalized for not complying with such guidelines. Merely complying with the pre-2ct/wd status quo is not tantamount to setting a price.



WHAT IS PRICE FIXING?

Most state statutes provide that fixing the price of a product or service in agreement with another individual or business is illegal. The general rule provides that a vendor may not in combination with another vendor agree to set a certain price thereby creating a fixed price within a certain market. A business acting on its own and not in concert with another may use legitimate efforts to obtain the best price they can, including their ability to raise prices to the detriment of the general public. Also, conformity of prices within a given product is not illegal unless such conformity was created by a combination of vendors agreeing on a set price. For example, where competitors agree to sell their goods or services at a specified price, minimum price or maximum price and they receive profits from such an agreement, they are in violation of price fixing. Additionally, setting a price to be charged only within a certain area in order to get rid of competition or to create a monopoly is generally illegal under most state laws. A majority of states have also enacted a \"Below-Sales-Cost\" law wherein businesses may not sell goods below cost if they do so with anti-competitive intent or effect.



This information is only a brief summary of the extensive price fixing laws and regulations. For specific application of price fixing regulations, please consult with an attorney.

http://business-law.freeadvice.com/trade_regulation/price_fixing.htm







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Jacek Krankowski  Identity Verified
English to Polish
+ ...
TOPIC STARTER
Ursula, Apr 17, 2002

\"Setting a price,\" for instance by setting a minimum bidding level mandatory for every member, is illegal, as explained above. The US minimum wage, I am afraid, does not prevent anyone from exporting cheap translations into the US, thus depressing US going translation rates. BUT, there are limits in the sense that Uncle Sam may step in if any such imports were produced below the cost.



Heather, I think that working for 2c/wd should make every translator look for another job as it is my personal opinion that you cannot produce quality at that rate. I understand this is open to interpretation as, indeed, living in some remote and relaxing part of Africa might turn out to be more beneficial to your brain than living in the fast lane in the industrial world. The thesis I expressed in another thread, though, was: How, on earth, do you keep abreast of what is going on in business, legal, or scientific terminology without staying in touch, on a daily basis, with businessmen, lawyers or scientists? I am an old fashioned person, so I stay in touch the old-fashion way, by talking and meeting with those people. To do that I need to pay my telephone bills and car/taxi expenses. I understand the world is changing, though, and now all you need to become an expert is Google. But even then, when you stay in front of your computer for the whole day, sooner or later you will incur medical expenses. Will you trust the public health system in that paradise where, as some claim, you can decently live on 2c/wd?


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