Forum Moderators: phranque
We talk to our competition all of the time, but not about how we promote, just about how they *think* we promote.
It's good to make friends in your business, but you have to remember that they are not your "partners" they are still your competition.
We ran into a problem recently where one of our competators were trying to use us as a subcontractor so that they could take more market share while paying us only 10% of what they collected. We originally thought it was a 'favor' type situation until they started calling on a regular basis.
The problem is that they were trying to be so cheap that they made us both look bad in the process. Luckily we were able to control the damage because it was their name on the product.
The funny thing is that I had never heard of him before and when I asked him "Who are you, anyway?", he got indignant and said "I'm 'Company X'." and I said, "Oh... I am sorry, should I know who you are?"
My secretary said he looked like he was going to burst into tears when he left.
Poor guy, had he come to me directly and honestly (and sober), I might have been able to give him a job.
We talk with several of our competitors quite often. We don't give them many details, but we're always looking to see how we can help each other out (or gain an insight that the other didn't want to occur) by creating joint sites or merging sites and companies.
There is a lot to gain and lose by chatting with competition, just be careful not to give details away that if they decided not to work with you, they could use to their benefit and your detriment.
Many trade associations do other lobbying and compiling resources. When I worked in publishing, we could get a list of writers that review books, the topics they covered, etc...
I've heard people refer to this as "co-opetition", but it's been going on for a long time.
In my case, I don't really believe I have competition- I build e-commerce websites to different criteria than anyone else in my locale, with a unique target market. If I go talk to someone in a similar line of business, there's no way we could be price fixing or engaging in anti-competitive behaviour.
I suggest that you do not have those types of conversations with your competitors. And if you do, don't post about them here ;)
If I called my competition and said, ok, toay I'm going to bid $0.06 for the top position in a PPC, and tomorrow I'll bid $0.05 and you bid $0.06 and we'll just keep swapping like this - would that actually be illegal?
Although, the initial response was 'it's questionable and could open you up to litigation, therefore not a good idea even if it's not illegal'.
The other point is, for PPC, it's probably against the TOS, so even if it were legal, they could boot you from their system if they discovered such a practice was occuring.
Sure enough, it turned out that one of my competitors in a fairly niche business was attending. We were able to hook up and shared a drink and went out to dinner. It was nice, I knew that he was a talented SEO and talking with him reinforced that.
London pubcon rolled around and we did the same, (this time I think we shared several drinks)
We have a bit of an odd little relationship, with both of us a bit cautiuous as to what we say, but also enjoying each others company and the small amount that we actually do share with each other.
This is not legal advice, just the opinion of some people qualified to give opinions.
According to the profs and speakers, agreeing with the competition to limit max ad prices or even how much to advertise would be considerd illegal.
However, unless you left a paper trail of talks, just by how the bidding goes, they said that an advertising resource would have an almost impossible time proving it.
It was more likely that the advertiser resource in question would just ban you from advertising over trying to prove what was going on - but that's whats usual - not what everyone would do.
Next week is trademark infringement and going over active G cases - think I'm going to have to sit in another class...