eBay vrs42?

From: Eric Smith <eric_at_brouhaha.com>
Date: Sat Feb 12 01:14:29 2005

vrs wrote:

> "5.5 Manipulation. Neither you, bidders nor sellers may manipulate the
> price
> of any item nor may you interfere with other user's listings or
> transactions."

Agreeing with another bidder that I will let them have the item as
I don't want it as much as they do isn't "maniuplating the price"
any more than just the act of bidding is. The bids that are placed
are still perfectly legitimate bids, and the price is determined
accordingly.

eBay doesn't have any right to force me to bid on something I choose
not to bid on, for any reason whatsoever.

And if I choose not to bid on an item, I have not manipulated the
price ofthat item. I don't want any Brittney Spears CDs, so I don't
bid on them. I haven't manipulated the price of those.

Shill bidding, on the other hand, clearly is covered by that section.
It is the deliberate placement of a fraudulent bid for the express
purpose of manipulating the price.

The only example I've seen of bidders doing something that could be
considered price manipulation is when they bid increasing amounts to
try to find the reserve, then retract the bid that exceeds the
reserve. This is price manipulation because none of the bids are
placed in good faith; they are all placed with the intention of NOT
winning the item.

>> If we knew that Ford was only going to build three Excursions
>> in 2005, and that you, Joe, Fred and I each wanted one, it wouldn't be
>> unethical for me to choose not to buy one, even knowing that the
>> 25% drop in demand would reduce the amount of money Ford could expect
>> to receive per car (theoretically, in an efficient market). I don't see
>> how the fact that it's an auction makes any difference.
>
> If it caused Ford to make fewer cars next year, rather than more, would
> that make a difference?

No.

Eric
Received on Sat Feb 12 2005 - 01:14:29 GMT

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