Comments
EBay Settles Antitrust Hiring Lawsuits
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Li Tan
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Li Tan,
User Rank: Ninja
5/3/2014 | 11:49:50 PM
Re: Not Anticompetitive?
This is a tough question - the law can re-enforce many aspects of social life but not everything. For example, how about if those big enterprises reach the agreement without documenting? I mean for the undocumented rules or other agreements under-table, what can normal people do?
Thomas Claburn
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Thomas Claburn,
User Rank: Author
5/2/2014 | 6:32:30 PM
Re: Not Anticompetitive?
I find the lack of symmetry here particularly upsetting. If a group of employees conspired to reduce their productivity to make corporate stock decline so they could profit from a short stock sale, they would be prosecuted, fined, and probably jailed.

Yet when executives conspired to reduce employee pay, for the ultimate goal of lower costs and better stock performance, and did so knowing the behavior was unlawful (Eric Schmidt's email seeking to take the discussion offline is a smoking gun here), none of them face personal liability. And the civil penalty paid is so minor as to be no deterent at all.
Laurianne
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Laurianne,
User Rank: Author
5/2/2014 | 4:19:35 PM
Re: Not Anticompetitive?
Yes I noticed the phrase "fully documented in company electronic communications." Makes you wonder about how the companies could be naive about email trail in this day and age.
RobPreston
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RobPreston,
User Rank: Author
5/2/2014 | 4:06:32 PM
Re: Not Anticompetitive?
They can't be prevented, just as handshake, off-the-record deals on price fixing can't be prevented. But there's usually a digital trail somewhere. The Justice Department was saying there was a clear, unabashed one in the eBay-Intuit case.
Laurianne
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Laurianne,
User Rank: Author
5/2/2014 | 3:54:42 PM
Re: Not Anticompetitive?
The skeptics will ask, how can off-the-record, handshake deals on poaching be prevented?
RobPreston
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RobPreston,
User Rank: Author
5/2/2014 | 9:00:09 AM
Not Anticompetitive?
I'm not a fan of every Justice Department action against big business, but how can eBay still maintain that its agreement with Intuit to stop competing for labor "led to no anticompetitive effects'? 

 


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