Guest guest Posted February 3, 2012 Report Share Posted February 3, 2012 Federal anti trust laws only apply if we are in close proximity to one another! Sent from my iPadDr. Pam Nichols cell office HI All - Just wanted to throw something out there as it has been an issue here in Sunny CA I hate to be a wet blanket but.... There are Federal Antitrust laws that prohibit these types of conversations. They can be considered price fixing and can result in criminal charges, imprisonment and damages. DVM's have been prosecuted federally out here and my understanding is that it was quite costly. If you have questions check with your state VMA or your attorney For what it is worth..... Dr. Troy Doctor of Veterinary Medicine Certified Canine Rehabilitation Practitioner Canine Body Worker Muller Veterinary Hospital, Inc The Canine Rehabilitation Center Walnut Creek, CA 94597 office fax www.mullerveterinaryhospital.com www.thek9rehabcenter.com Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 3, 2012 Report Share Posted February 3, 2012 Wow there are so many of you that want this stuff I think I need to figure out how to post it on a website--will ask my hospital manager where to post it then send a link. And since I am in Canada no anti trust laws should apply--it is only an example for my colleagues. Dr Jan Huntingford Essex Animal Hospital Essex Ontario Canada ---- Original Message ---- To: VetRehab <VetRehab > Cc: VetRehab <VetRehab > Sent: Thu, Feb 2, 2012 9:25 pm Subject: Re: Price Lists Federal anti trust laws only apply if we are in close proximity to one another! Sent from my iPad Dr. Pam Nichols cell office HI All - Just wanted to throw something out there as it has been an issue here in Sunny CA I hate to be a wet blanket but.... There are Federal Antitrust laws that prohibit these types of conversations. They can be considered price fixing and can result in criminal charges, imprisonment and damages. DVM's have been prosecuted federally out here and my understanding is that it was quite costly. If you have questions check with your state VMA or your attorney For what it is worth..... Dr. Troy Doctor of Veterinary Medicine Certified Canine Rehabilitation Practitioner Canine Body Worker Muller Veterinary Hospital, Inc The Canine Rehabilitation Center Walnut Creek, CA 94597 office fax www.mullerveterinaryhospital.com www.thek9rehabcenter.com Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 3, 2012 Report Share Posted February 3, 2012 Pam - As I understand this you are absolutley right! The problem is that "proximty" is not well defined and subject to interpretation. I am told it can cross state lines depending upon the geography. The practices out here did not consider themselves in proximity to each other but the prosecutor did. Just an FYI Re: Price Lists Federal anti trust laws only apply if we are in close proximity to one another! Sent from my iPad Dr. Pam Nichols cell office HI All - Just wanted to throw something out there as it has been an issue here in Sunny CA I hate to be a wet blanket but.... There are Federal Antitrust laws that prohibit these types of conversations. They can be considered price fixing and can result in criminal charges, imprisonment and damages. DVM's have been prosecuted federally out here and my understanding is that it was quite costly. If you have questions check with your state VMA or your attorney For what it is worth..... Dr. Troy Doctor of Veterinary Medicine Certified Canine Rehabilitation Practitioner Canine Body Worker Muller Veterinary Hospital, Inc The Canine Rehabilitation Center Walnut Creek, CA 94597 office fax www.mullerveterinaryhospital.com www.thek9rehabcenter.com Dr. Troy Doctor of Veterinary Medicine Certified Canine Rehabilitation Practitioner Canine Body Worker Muller Veterinary Hospital, Inc The Canine Rehabilitation Center Walnut Creek, CA 94597 office fax www.mullerveterinaryhospital.com www.thek9rehabcenter.com Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 3, 2012 Report Share Posted February 3, 2012 Pam, is right in that this is not a road we should travel with the uncertainty of who is lurking on this forum or yahoo. Below is the introduction in our binders today at my directors meeting for the Texas Veterinary Medical Assoc.. Keep in mind that I am not in competition with the DVMs from El Paso, 700 miles from where I live. Rick ------------------------- Texas Veterinary Medical Association Antitrust Compliance Policy The antitrust laws of the United States and the various states prohibit agreements, combinations and conspiracies in restraint of trade. Because the Texas Veterinary Medical Association (“TVMA”) and other trade and professional associations are, by definition, combinations of competitors, one element of a possible antitrust violation is generally present, and only some action by the association that unreasonably restrains trade generally needs to occur for there to be an antitrust violation. Consequently, associations are common targets of antitrust plaintiffs and prosecutors. The consequences for violating the antitrust laws can be severe. A conviction can carry stiff fines for the association and its offending leaders, jail sentences for individuals who participated in the violation, and a court order dissolving the association or seriously curtailing its activities. The antitrust laws can be enforced against associations, association members, and the association's employees by both government agencies and private parties (such as competitors and consumers) through treble (triple) damage actions. As the principal federal antitrust law is a criminal conspiracy statute, an executive who attends a meeting at which competitors engage in illegal discussions may be held criminally responsible, even if he or she says nothing at the meeting. The executive's attendance at the meeting may be sufficient to imply acquiescence in the discussion, making him or her liable to as great a penalty as those who actively participated in the illegal agreement. The antitrust laws prohibit competitors from engaging in actions that could result in an unreasonable restraint of trade. Above all else, association members should be free to make business decisions based on the dictates of the market – not the dictates of the association. TVMA has a policy of strict compliance with federal and state antitrust laws. TVMA members should avoid discussing certain subjects when they are together both at formal TVMA membership, Board of Directors, committee, and other meetings and in informal contacts with other industry members – and should otherwise adhere strictly to the following guidelines: • DO NOT discuss prices, fees or rates, or features that can impact (raise, lower or stabilize) prices such as discounts, costs, salaries, terms and conditions of sale, warranties, or profit margins. Note that a price-fixing violation may be inferred from price-related discussions followed by parallel decisions on pricing by association members — even in the absence of an oral or written agreement. • DO NOT agree with competitors as to uniform terms of sale, warranties or contract provisions. • DO NOT exchange data concerning fees, prices, production, sales, bids, costs, salaries, customer credit, or other business practices unless the exchange is made pursuant to a well considered plan that has been approved by TVMA’s legal counsel. • DO NOT agree with competitors to divide up customers, markets or territories. • DO NOT agree with competitors not to deal with certain suppliers or others. • DO NOT try to prevent a supplier from selling to your competitor(s). • DO NOT discuss your customers with your competitors. • DO NOT agree to any association membership restrictions, standard-setting, certification, accreditation, or self-regulation programs without the restrictions or programs having been approved by TVMA’s legal counsel. • DO insist that TVMA meetings that have agendas are circulated in advance and that minutes of all meetings properly reflect the actions taken at the meeting. All TVMA meetings generally should have written agendas prepared and circulated in advance. • DO leave any meeting (formal or informal) where improper subjects are being discussed. Tell everyone why you are leaving. • DO ensure that only TVMA staff sends out all written and electronic correspondence on behalf of TVMA and that TVMA officers, directors, committee members, or other members do not hold themselves out as speaking or acting with the authority of TVMA when they do not, in fact, have such authority. • DO ensure that if questions arise about the legal aspects of TVMA’s activities or your individual responsibilities under the antitrust laws, you seek advice and counsel from your own counsel or from the staff and counsel of TVMA. TVMA encourages the following: • Discuss better ways to educate and provide meaningful information to association members about the industry. • Discuss economic trends, business forecasts, and materials availability emphasizing that each company is free to use this information in the way it sees fit and should make its own business decisions. • Discuss federal and state governmental actions and develop industry-wide lobbying efforts. • Discuss technological advances and better ways to utilize them. • Discuss ways to improve the public image of the industry. Any questions about TVMA’s antitrust compliance policy should be directed to TVMA’s Executive Director. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 3, 2012 Report Share Posted February 3, 2012 Many (although not all) rehab or similar practices have prices posted on their web sites. Is this a violation of anti-trust? Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 3, 2012 Report Share Posted February 3, 2012 > Many (although not all) rehab or similar practices have prices posted on > their web sites. Is this a violation of anti-trust? Pam, No. It is not against the law to post fees on a website as that fosters competition. It is however against the law to discuss exact fees amongst those in that industry in a forum such as this. Rick's position and excellent lengthy explanation was right on the money (pun intended). I am certain that the FTC has better things to do than go after us, but look at Martha and Leona Helmsley. Those instances were done precisely because of their high profile value. I would not put it past the bureaucrats of our nation, especially in this administration's demeanor of regulation mania, to go overboard and use the puny veterinary industry as an example propaganda piece. It is NOT against the law to discuss presentation of fees or methodology in how to arrive at fees. I will be like Mr. Hemmingway and yet again ring the lone bell in the tower and be the proverbial broken record: financial analysis is the only true way to determining a profitable fee structure. If you can not perform the financial analysis on your own, then you should hire someone to do it for you; I promise you it is well worth the investment. ph DeLucia DVM, CCRP Quote Link to comment Share on other sites More sharing options...
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