Prix fixe? Or price-fixing?

25/25, the semiannual restaurant-promotion designed to lure shy diners back out of their post9/11 caves, has been a huge success: too huge, think some restaurateurs who arent part of the program. Based on a similar promotion thats run for years in Manhattan, 25 for $25 participants agree to offer a prix-fixe meal during the month-long program, but each restaurant is free to specify on which days and/or which meals theyll offer the special. Organizers like Ponti Seafood Grills Richard Malia came up with the promotion to help independent restaurants compete on a more level playing field with chain restaurants both local and national, which can promote themselves more economically than solo operations. But the promotion also, naturally, draws business from other independents; so effectively that some are beginning to ask if 25/25 isnt, in fact, collusive: an illegal conspiracy to cut the competitions throat.

One such naysayer points out that when Seattle hotel operators offered a Super Saver discount program some years ago, they had to meet several stiff criteria to avoid being hit with an antitrust suit: Hotels had to choose their discount levels independently; only learned what competitors had done after the promotion started; third and most important, every hotel in the city had to be offered a chance to take part. If those specs were to be applied to 25/25, its very name would convict it: Only 25 restaurants are allowed to take part; all must agree to charge exactly the same price.

But should such a standard be applied? Malia, for one, doesnt think so. We didnt keep anybody out of this, he says. A lot of the people we asked to take part when we started turned us down. If somebody else wants to do a promotion, why cant they do one of their own? Fair enough. And Stuart Hirschfeld, an assistant attorney general in Washington States antitrust division, was kind enough to give us an instant tutorial in price-fixing and refusal-to-deal (sort of like boycotting); based on that, it doesnt seem to the legal team at Hot Dish that anybodys breaking the law here, particularly since the 25/25 special is in addition to each restaurants regular menu lineup, so no consumers choice is being restricted by the deal. But our legal team has been wrong before, so dont take our word for it.

Oy!

If youre a shellfish enthusiast who can tell a Kumamoto from a Pacific blindfolded, chances are you attended Anthonys Oyster Olympics on March 25, as 625 revelers knocked back 27,000 oysters, raising over $38,000 for Puget Soundkeeper Alliances efforts to keep the waters around Seattle sparkling. Hundreds of people, crammed into Anthonys Home Port at Shilshole, sampled dozens of wines, Redhook drafts, and had trouble graciously removing annoying shell slivers from their mouths. The Bumbershoot of the Seattle oyster world, Mayor Greg Nickels proclaimed March 25 Oyster Day, while Gov. Gary Locke welcomed the partygoers and commended Anthonys for hosting. Whod a thunk that Christine Chen, demure anchorwoman of KCPQ 13, would have won the Celebrity Oyster Slurp, gulping down 10 oysters in 9.5 seconds? If you want a chance to join in on the festivities next year, mark your calendar for March 30, 2004this night dedicated to bivalves sells out mighty fast. www.anthonys.com.

Food and/or beverage news? E-mail Hot Dish at food@seattleweekly.com.