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Re: business ethics

To: DRSkruffy@aol.com, triumphs@autox.team.net
Subject: Re: business ethics
From: "Hugh Barber"<trnut@cwnet.com>
Date: Wed, 31 May 2000 09:41:05 PDT
Hey Folks--

This thread has gone from boring to annoying, and has nothing to do with TRs.
 Could you people take it off-line?

Thanks,

Hugh Barber


>
>In a message dated 5/31/00 4:06:53 PM !!!First Boot!!!, spitlist@gte.net 
>writes:
>
><< There is no argument.  I cite facts, you cite theory.  You have nothing
to 
>back up your argument except, "I get better pricing if I ask
> for it".  Of course you do, whiners always get their way.
>  >>
>
>I have yet to see an actual relevant fact from you, only your interpretation

>of what are apparently limited experiences. Let me give you some facts.
>
>First, based on your rantings, I have to assume you are speaking about the

>Robinson-Patman act which governs price discrimination in interstate commerce.

>
>As I said previously, there are cases of price discrimination, but your keen

>legal opinion that if it was printed they had to stick with it is nonsense.

>
>To quote from the article Executive Summary of Antitrust Laws:Price 
>Discrimination by By
>Richard M. Steuer 
>Kaye, Scholer, Fierman,
>Hays & Handler, LLP
>
>"The Robinson-Patman Act prohibits discriminations in price between 
>purchasers of commodities of like grade and quality which are likely to 
>result in substantial injury to competition. Each of the elements is separate

>and must be found before the statute is violated."
>
>Essentially the goods have to be of like kind and quality and injury to 
>competition has to result.
>
>"Injury to competition. Discrimination in sales of goods of like grade and

>quality are unlawful only if they are likely to result in substantial injury

>to competition. Essentially, such injury can be of two types: (1) to buyers'

>competition (injury in the secondary line); and (2) to sellers' competition

>(injury in the primary line).
>
>When secondary-line injury is charged, the inquiry focuses on the competitive

>harm suffered by the disfavored purchaser who pays the higher price in 
>relation to the favored competitor. Thus, for secondary-line injury to be 

>present, the discrimination must be between competing purchasers. If both 

>purchasers are ultimate consumers and do not compete in resale of the 
>product, no violation can be found. Not only must the purchasers compete 
>geographically, they must, as a general rule, be on the same functional 
>level. A wholesaler who buys at a lower price does not compete with a retail

>customer of the same seller, even though a price discrimination is present."

>
>Now those are facts. In other words the sale of parts to an individual, for

>use on his LBC is NOT a violation.
>
>Perhaps you can cite some case law to bolster your position?
>
>
>

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