In smaller markets, it can be as innocous as a shipper asking for a ball cap or t-shirt with a carrier's logo and name on it and even a pad of bills of lading and it happens to have the carrier's name on it. Hockey tickets and box seats are still a staple of trying to curry favours from shippers who either haven't given enough freight or actually are being rewarded for being loyal to a carrier. Goodwill is important if mistakes have been made, which is usually the real reason why carriers and brokers alike end up bribing I think. The distinction has to be made between a carrier's right to market itself as a business entity and develop a brand versus the grey area of a shipper/consignee who is also looking out for themselves by directly asking a carrier (who is acting on behalf of another broker/carrier) to help entertain competitive quotes at their request, which may conflict with a current contract. It also depends on any previous contact or relationship that existed with the customer or party involved prior to doing work for someone else. Does one load or contract constitute ownership of an account? I'd have to probably doubt it if the paying party believes it's in their best interest to have a stable of carriers (it's competitively healthy) and to do otherwise is anti-competitive. However, if someone has deliberately gone in, with no pre-existing relationship and after they agreed this was a condition of moving the goods, then it is clearly unethical but also clearly a risk to be assumed in an industry that is starved and competitive. Is it right? No. Is there a legal basis? I'm not so sure that you can keep others from making a living or selling their services in a marketplace and if I'm not mistaken, I think many sales people view non-competition agreements this way. It then becomes a question of how good of a sales person you are by whether you are saavy enough to sway an account away from a competitor versus the incumbent carrier/broker. Do you need hockey tickets to be a better sales person? I don't know but I've seen enough companies do it to know that the practice is well entrenched, along with so-called rebates and other tools that I've seen used. I'm not a sales person and it seems to me that the ethics question extends equally to the prospective client just as much as the person trying to get that client.
The situation becomes very different when a non-asset based company, like Traffic Tech or CH Robinson, goes in to a client that belongs to an asset-based carrier and take your client then try to give you your own freight. The broker then believes it's their account. So in being competitive, what happens to the ethics of being backdoored and defend yourself against predators in your own market? Does anyone really own an account by virtue of one or a few tranactions? Does a carrier or broker and client covenant in writing to have an exclusive relationship? These are the questions that pop up in my mind because ultimately, the client is free to use who they want. It's how well you are able to keep their business either by appealing to some shallow aspect of personality like booze or steak (ok maybe not steak) or the conservative aspect of saving their company money...or demonstrating you can have hockey tickets and forget about the muck ups.
In the end, I say that if you don't trust a carrier to respect limits or if you feel they are going to be a predator in amongst a list of potential competitors rather than an ally, then it is up to you to use that judgement. I had this discussion at work today re: Bison and how some look at Bison as a predator/threat if you contract work to them. Some companies use a certain marketing tack with follow-up, asking shippers or consignees how they liked the service and can we please bring you some ball caps if you throw some freight to us? It's a question of trust and how well you have made it clear that a condition of doing business depends on respecting the contract. I believe that contract law becomes almost non-existent when drivers or owner-ops gain knowledge of lanes and accounts then leave a company to go start their own and service your clients. It blurs even further when you introduce cross-cultural things, like those who start a new carrier but are ignorant to contract law and do what they want to survive because that's how their culture operates...even though it's not how we do things in Canada. You know, like needing hockey tickets.
