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Salary Survey


Question: We are about to send out a salary compensation questionnaire asking if some firms in our industry could complete this. Could you look over the questions and give us some feedback before we send them out?

Answer: Although the format of your survey looks fine, you may run into problems. In September 1993, the Department of Justice and the federal trade Commission issued a joint policy statement with respect to exchanges and reporting of price information. With respect to price information, the DOJ and FTC stated that they would not challenge price surveys if the following conditions are satisfied:

1. The Survey is managed by a third party (e.g., a trade association);
2. The information provided by survey participants is based on data more than three months old;
and,
3. There are at least five firms reporting data upon which each disseminated statistic is based; no
individual firm’s data represents more than 25% on a weighted bases of the statistic; and any
information disseminated is sufficiently aggregated such that it would not allow recipients to
identify the prices charged or compensation paid by any particular company.

These three conditions create an antitrust “safety zone” and are intended to insure an exchange of price data is not used by competitors for discussion or coordination of prices.


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