On June 24, 2021, New York celebrated the lifting on most COVID-19 restrictions. Governor Andrew Cuomo announced the COVID-19 state of emergency would officially expire. With the expiration of the emergency declaration, the state of New York’s price gouging restrictions were also lifted. The New York price gouging statute provides for certain pricing restrictions “during
Antitrust
Hard to Say Goodbye: States Are Slowly Lifting States of Emergency
In recent weeks many states have either started lifting pricing restrictions put in place during the COVID-19 pandemic or announced their plans to do so. Still, some state governments have indicated that they will continue to hold pricing restrictions in place as a means of protecting consumer welfare as people return to normal spending habits…
A Note of Caution: Inflation, Price Increases, and the Lingering States of Emergencies
Many companies have increased prices in recent months. Reportedly, across the economy, prices “rose by 5 percent in May compared with a year ago.” Restaurants are raising prices to cover the cost of increases in wages in a tight labor market. The prices of used and rental cars are quickly rising, due to low…
COVID Winds Down, but States Ramp Up Price Gouging Legislation
Even as Governors lift mask mandates and sporting events welcome fans to stadiums, some states are revisiting their price gouging laws. Recently, several states have advanced legislation to amend or create price gouging statutes. State governments are learning from experiences during COVID-19 emergencies and some are proposing legislation to adjust the scope, definitions, and penalties…
COVID Experiences Could Play Into Gas Price-Gouging Suits
Gasoline prices have spiked all along the U.S. Eastern Seaboard following a cyberattack on one of the largest pipelines in the country.
Retail prices hit $10 per gallon in some locations, up from $3 to $4 per gallon only days before. This has raised widespread accusations of price- gouging.
In normal times, such price increases…
Sixth Circuit Remands Price Gouging Case, Allows Kentucky AG to Resume Investigations
The Sixth Circuit issued its opinion in the Online Merchants Guild v. Cameron case on April 29, 2021, dissolving a preliminary injunction that had prevented the Kentucky Attorney General from investigating alleged violations of Kentucky’s price gouging laws, and remanding to the district court for further proceedings.…
Updates to Price Gouging States of Emergency
Over a year ago, states of emergency were declared across the country. Such emergency declarations are often the trigger for state pricing restrictions. Tracking the start and end of the emergency declarations is essential for interpreting the pricing restrictions they impose. For instance, in Oklahoma, the pricing restrictions remain in place throughout the duration of…
A Comedy of Errors Sinks a Local Government’s Price Gouging Case
In a case of mistaken identity and a web of conflicting testimony, a Fresno local business successfully appealed a price gouging fine. The saga between the store and the City of Fresno offers insights in the importance of maintaining proper business records to defend potential price gouging allegations.
On April 8, 2021, an Administrative Hearing…
DOJ Continues Price Gouging Enforcement Under the Defense Production Act
On April 2, 2021, the acting U.S. Attorney for the District of New Jersey released an update of her office’s efforts to prevent fraud related to the COVID-19 pandemic, noting prosecutions involving the Paycheck Protection Program, the Economic Injury Disaster Loan program, and the Unemployment Insurance programs, as well as prosecutions involving price-gouging and hoarding…
Price Gouging Legislation on the Horizon in States Without Laws
While the majority of states have had price gouging laws on the books since before the pandemic, widespread pandemic price gouging has led states without laws to reconsider. Some states, like Colorado, passed price gouging legislation mid-pandemic, but other states, including New Hampshire and Washington, are now playing catch up.…