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<p>[QUOTE=&quot;Frankcoins.com, post: 1422086, member: 16048&quot;]Ebay is most definitely a monopoly. The primary indicator is not market share, but abillity and influence to control the market and raise prices virtually without worrying that their customers (the sellers) will (or can) flee elsewhere. As a 14 year eBay seller, when the 2.5% Final value fee was insigificant and we accepted only checks or money orders, the price increases with forced credit cards and 9% final value fee and twisting our arms to offer free postage and unlimited refunds, today&#039;s sellers face total charges of 12% to 15% That a 500% increase in a decade! Yet, there is no viable alternative for those wishing to sell their own items in this format. So that&#039;s pretty much a classic monopoly. </p><p>eBay is not an auction. The eBay user agreement states that they are a venue to conduct “auction-style formats.” Their user statement goes on to state: “you acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats.” </p><p>At a real auction, online or live, there is a binding contract between buyer and seller. eBay expressly states that bids DO NOT create a formal contract: &quot;a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.” </p><p>eBay thus gets around state and local auctioneer laws that Heritage and Teletrade must follow. Additionally, unlike real auctions where the auction house possesses, describes, and mails or delivers the items, on Ebay the owners andle this themselves, and eBay has no assurance that the item even exists except as a stolen or juiced photo. </p><p>Ebay has at least 90% of the market share of this type of &quot;auction style&quot; listing business, having run Yahoo auctions out of business, and bought out competitors (Kijiji,StubHub, Craigslist, up4sale.com, Baazee.com, shopping.com, half.com, Paypal, and many more) or sued them for &quot;trade dress&quot; or &quot;look and feel&quot; infringment (boxlot.com, bidbay.com)</p><p><br /></p><p>Frank Provasek</p><p>Texas Auction License 11259[/QUOTE]</p><p><br /></p>

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