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Re: Restraint of Trade?

I think there is some misunderstanding of the way the law uses
terminologies, which may differ from every day speech. A conspiracy sounds
malevolent in normal parlance. It has a specific meaning in law, however.
Exchanging pricing information in and of itself should be perfectly safe.
But asking, as was done in the context of the problem caused by the
increase in Nexis prices, "what are you [other Nexis clients] doing about
it", and then sharing those responses, might easily be something lawyers
could play around with. It is prudent to keep this in the back of your
mind. -Alan M. Edelson,Ph.D. 


Anthony W Ferguson wrote:
> The clarification, however, seemed to me to say that if you are asking
> companies to lower their prices -- with everything else being equal --
> that is illegal.  I don't think that is what consortia are doing.
> Typically we are saying what is the price if X new volume of business
> for Y period of time is delivered to you.  This isn't illegal.
> Anthony W. Ferguson
> Associate University Librarian
> Columbia University Libraries
> Tel. 212-854-2270
> Fax. 212-222-0331
> Net:


Georgia Harper wrote:

> > Thank you Rod for clarifying this matter. I would have been appalled if
> > university libraries could be considered  to be "conspiring to improperly
> > influence price" by sharing the kind of information we share on this list.
> > This kind of communication seems essential to the evolution of appropriate
> > license arrangements.
> >
> > Georgia Harper
> > Univ. of Tx. System
> > Office of General Counsel
> >
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