Interesting. I am an Attorney (In NY) but I don't know anything about Anti-Trust or restraint of trade laws.

However this afternoon I was at a car salvage storage facility to look at the remains of a client's car. While I was waiting in the office I observed that they had a wall covered with auction notices.

Also posted on the wall was a notice to the effect that bidders making agreements with other bidders to manipulate the auction was a violation of Anti-Trust laws and could subject the offender to criminal penalties.

Now if there is one thing I learned in Law School its "don't take leagl advice from a sign posted on the wall."

However it does raise some interesting questions. One of which is if Baseball is exempt from the Anti-Trust laws, then does that apply to bidders on Baseball cards.

The other more serious question is if assuming such a bidding agreement is illegal, does it make a difference whether the bidders are operating a commercial venture or just people who are making purchases for their own personal use.

In any event, I do not think that an agreement to sell a portion of the lot to other potential bidders is the type of agreement that would be considered as a restraint of trade. Especially if the secondary purchasers are free to also make this agreement to buy a portion of the lot from other people who are bidding on the entire lot. This in fact would probably help the seller get the best possible price.

I would definately be interested in hearing what someone with some legal knowledge in this field thought.