[9149] in Commercialization & Privatization of the Internet
Re: an Internet buying coop?
daemon@ATHENA.MIT.EDU (Karl Denninger)
Sun Dec 19 15:43:52 1993
From: karl@mcs.com (Karl Denninger)
To: stpeters@dawn.crd.ge.com
Date: Sun, 19 Dec 1993 14:42:59 -0600 (CST)
Cc: tenney@netcom.com, karl@mcs.com, nii_agenda@civicnet.org, com-priv@psi.com,
In-Reply-To: <9312192032.AA03750@spare-parts.crd.Ge.Com> from "Dick St.Peters" at Dec 19, 93 03:32:01 pm
> > Any attempt to mandate sales policies of this kind by a trade association is
> > likely to run into BIG anti-trust problems. As a company which is about to
> > join the CIX (like paperwork is being prepared now), I would be the first to
> > vehemently oppose any such provision. Being a party to an anti-trust lawsuit
> > is no fun at all.
>
> Karl,
>
> The current "Thou shalt deal only with CIX members" *is* a sales policy
> of precisely the type you should fear.
>
> --
> Dick St.Peters
> GE Corporate R&D, Schenectady, NY stpeters@dawn.crd.ge.com
What "Thou shalt deal only with CIX members" policy? Where does the agreement
say that you can't make indirect deals? Nowhere that I have read. It just
says that you <don't have to> route indirect traffic. It doesn't say you
must, or shall not.
It only stipulates that you <must> route direct customer traffic. NOWHERE
is there a prohibition on what else you may or may not do. This is why, in
my opinion, it doesn't run afoul of antitrust and restraint of trade problems.
Read the agreement.
--
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