3 ms·

Pricing isn’t a trade secret.

nosefurhairdo 3y ago
I'm not a lawyer, but it seems possible that an enterprise software licensing agreement could contain a non-disclosure agreement or confidentiality clause. Not making a value judgement and happy to be corrected if this is not a thing.
- willcipriano 3y ago
  Sounds like something the FTC should investigate.
  - mediaman 3y ago
    What are they going to investigate? The FTC is going to render contractual terms negotiated in good faith between well-represented and sophisticated commercial buyers “just because”? If a big buyer wants better terms, the seller might give it to them under the condition the pricing info isn’t leaked, spoiling the rest of their market. Otherwise they don’t give it. So the buyer agrees to confidentiality to get the best terms. There’s zero chance the FTC gets in the middle of this kind of negotiation.
    - thayne 3y ago
      One might be able to argue that by keeping the pricing secret the big buyer is colluding with the seller to give the seller an advantage in in negotiating prices with other buyers, which could include competitors of the big buyer. I think that would be unlikely to go anywhere with the current FTC though.
    - lotsofpulp 3y ago
      > The FTC is going to render contractual terms negotiated in good faith between well-represented and sophisticated commercial buyers “just because”? Because without price transparency, markets do not work (microecon 101, prices are the signals from which supply and demand curve movements are determined). How can participants in a society determine where to allocate supply of resources without being able to see prices? And making markets work more efficiently should surely be in the purview of the Federal Trade Commission.
- airstrike 3y ago
  but then that's a breach of an NDA which is not the same as sharing a quote-unquote "trade secret"
passwordoops 3y ago
Best you consult a lawyer on the subject first. Trade secrets can certainly include "Pricing strategies and information" (1) (1) https://www.lplegal.com/content/what-are-trade-secrets-and-how-can-business-protect-them/ https://www.lplegal.com/content/what-are-trade-secrets-and-h...
- deleted 3y ago
  [deleted]
- OccamsMirror 3y ago
  Pricing strategy isn't the same thing as a price you gave a client.

I'm not a lawyer, but it seems possible that an enterprise software licensing agreement could contain a non-disclosure agreement or confidentiality clause. Not making a value judgement and happy to be corrected if this is not a thing.

willcipriano 3y ago
Sounds like something the FTC should investigate.
- mediaman 3y ago
  What are they going to investigate? The FTC is going to render contractual terms negotiated in good faith between well-represented and sophisticated commercial buyers “just because”? If a big buyer wants better terms, the seller might give it to them under the condition the pricing info isn’t leaked, spoiling the rest of their market. Otherwise they don’t give it. So the buyer agrees to confidentiality to get the best terms. There’s zero chance the FTC gets in the middle of this kind of negotiation.
  - thayne 3y ago
    One might be able to argue that by keeping the pricing secret the big buyer is colluding with the seller to give the seller an advantage in in negotiating prices with other buyers, which could include competitors of the big buyer. I think that would be unlikely to go anywhere with the current FTC though.
  - lotsofpulp 3y ago
    > The FTC is going to render contractual terms negotiated in good faith between well-represented and sophisticated commercial buyers “just because”? Because without price transparency, markets do not work (microecon 101, prices are the signals from which supply and demand curve movements are determined). How can participants in a society determine where to allocate supply of resources without being able to see prices? And making markets work more efficiently should surely be in the purview of the Federal Trade Commission.
airstrike 3y ago
but then that's a breach of an NDA which is not the same as sharing a quote-unquote "trade secret"

passwordoops 3y ago

Best you consult a lawyer on the subject first. Trade secrets can certainly include "Pricing strategies and information" (1) (1) https://www.lplegal.com/content/what-are-trade-secrets-and-how-can-business-protect-them/ https://www.lplegal.com/content/what-are-trade-secrets-and-h...

deleted 3y ago
[deleted]
OccamsMirror 3y ago
Pricing strategy isn't the same thing as a price you gave a client.