WebmasterDoc said:
If you read the first line of that explanation - Most state statutes provide that fixing the price of a product or service in agreement with another individual or business is illegal. - it includes individuals along with businesses.
A vendor is not limited to someone licensed to provide a service or product. Anyone offering that product or service can still be held to the same standards if they try to act "like" the business whether they are licensed or not - especially when it comes to setting a price for a product or service. The license is not what determines the intent of the action - those participating in typical "business" activities may be treated the same as those legally licensed and, in fact, may also face other legal issues if they are trying to provide certain goods and services without proper license.
Individuals acting in collusion with other individuals are not exempt from anti-trust laws- licensed or not.
Individuals acting independently and setting their pricing without agreement of others are not violating anything (free market).
(I was a member of an organization deemed by the FTC to be violation of anti-trust laws. The case made it all the way to the US Supreme Court and neither side won except that a cease/desist order was enforced by the court. This issue has similar aspects to what was argued in that case.)
I did see that part. The part I was questioning was what constitued being included as an individual... whether that meant a licensed individual or not. I would guess we would have to look at all the statues to see the differences.
As I said, I am not a lawyer so I am not sure... this was more an academic discussion than anything else. I did post this same question in the forums of the legal site you linked earlier; I will be curious to see what they say as well.
The other thing I would wonder as well would be if this statute would truly be enforcable or the FTC or States attorneys would pursue. While I would say yes to the enforcable, I have my doubts to whether it would be pursued by the government, either federal or state. Kind of similiar to home poker games... technically they are illegal, but the cops aren't going after you unless you are running it like a casino... with a rake or doing tourney's and the house taking out fees. As I said before, I am pretty certain most of the people renting their points are not reporting the income earned to the IRS... while this is obviously illegal, the IRS is not targetting DIS members who rent their points.
It does seem wierd Sherman would apply to a situation like this...I can see where it would, but it seems like while this might violate the technical letter of the law, it is not really a violation of the spirit. Part of the reason Sherman was enacted (for the price fixing portion) was because price fixing hurt the consumer because it eliminated nearly all choice. That is the spirit of the law. Unless you could get all the DIS posters to choose 15 or higher (something I see as an impossibility personally), and they conspire to bury or remove the post, I am not sure that a "cartel" agreement on DIS would violate the spirit of the law, but that is more philosophical at this point. If half the renters were in the "cartel" then there is still a large enough free market as the non-cartel members could undercut at 12 or 13 pp. Thus choice still exist and the consumer is not really hurt by the "cartel". But as I said, this is more philosophical argument at this point.
BTW, My feeling on the prices is to let the market dictate itself. I have tossed this around but ultimately settled on this. The fact that
DVC has added another HUGE resort, has obviously kept the price down. Getting it up to $15 will not happen as long as the number of points is available. Unless the supply is limited, then the price will remain low and rentees get an excellent bargain. The cost of other hotels is irrelevant to the price... as long as points available are larger than demand, then the price will remain low. Maybe if one or two of the monorail resorts become DVC, then the price will go up for those
The other thing is if you have a BWV, BCV or VWL, try to put your points out there WAY before premium booking seasons. IF you have your VWL points out there 13 months in advance of Christmas, you will probably get more money than if they are only 6 months. Just a thought.
Again this is just an academic, philosophical discussion, especially with the technical letter vs the spirit of the law. Personally, I think it really makes for interesting conversation... I was googling trying to find definitive answers, but so far I haven't found any from another source.