Legal Question in Business Law in Illinois

Without an NDA in place, is it illegal for a company to share one supplier's pricing with another?

Asked on 8/20/09, 1:31 pm

1 Answer from Attorneys

David K. Staub Staub Anderson LLC
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Probably not. Trade secrets are protected by the Illinois Trade Secrets Act and do not require the presence of an agreement. It is unlikely, however, that a supplier's pricing is a trade secret, although a specially negotiated price list for a single customer could conceivably be a trade secret.

It is also possible that a supplier could come up with another novel argument. For example, if the information were disclosed solely to injure the supplier (rather than to negotiate a better price from other suppliers), the injured supplier might be able to build a case of some sort of intentional tort.

But, generally, the concept is that "information wants to be free." Unless there is a specific agreement restricting a party from divulging pricing information, it is difficult to see how the disclosure would create liability for the disclosing party.

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Answered on 8/27/09, 8:50 pm

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