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    |Regulation

    |Spi 2011

    C o n s u m e R P R o t e C t i o n

    The summer o 2008 challenged gasoline retailers.

    Crude oil prices had climbed to unprecedented

    heights over the rst hal o the year, peaking in

    July beore tumbling sharply aterward. Partly in

    response to the high prices, crude oil and petroleum prod-

    uct inventories were at unusually low levels as the hurricaneseason began. In late August, Hurricane Gustav tore through

    the middle o the oil-producing region in the Gul o Mexico.

    More than 95 percent o oshore oil and gas platorms were

    shut down beore the storm arrived. Less than two weeks ater

    Gustav, Hurricane Ike threatened another direct hit to the Gul

    regions energy production acilities.

    Weigles, a chain o convenience stores in the Knoxville, TN

    area, was having a hard time nding gasoline supplies ater

    Gustav. According to contemporary news reports, the approach

    o Ike turned the situation rom dicult to nearly impossible.

    Weigles buyers typically bought wholesale gasoline in spot mar-

    kets rather than through long-term contracts. The strategy paido in slightly lower costs most o the time, helping the stores

    keep their retail gasoline prices low. The catch is, when wholesale

    supplies get tight, spot prices can really jump.

    On Thursday, two days beore Ike made landall on the Texas

    coast, owner Bill Weigle said his wholesale costs increased by 85

    cents per gallon and that was when he could nd gasoline to

    buy. The storage tanks that usually served Knoxville were dry and

    Weigles had to have whatever gasoline they could nd trucked in

    rom other cities. Some o his stores had run out o gasoline, too.

    He told reporters that his stores may have to increase prices at

    the pump by $0.85 to $1 by Friday. The next morning, Weigles

    raised prices or regular-grade gasoline at several stores by about

    80 cents, rom an average near $3.70 per gallon to about $4.50

    per gallon.Pilot Travel Centers, a Knoxville-based national chain, and

    other area gasoline retailers ound themselves in the same gen-

    eral condition. More than one area Pilot station sold gasoline or

    as much as $4.99 per gallon the weekend that Ike came ashore.

    Gasoline prices spiked almost everywhere in the country because

    o the two storms, but the spike was sharpest in Knoxville. Dur-

    ing Hurricane Ikes weekend, the Knoxville area had the highest

    gasoline prices in the United States.

    On the Friday that Weigles and other retailers were raising

    retail prices, Tennessees attorney general, Bob Cooper, issued a

    statement reminding Tennesseans that the state remained under

    a declared state o emergency. Cooper warned consumers to beon the lookout or price gouging and invited them to report

    suspected incidents o it. Even beore the statement, price com-

    plaints were being received by the state. Many more calls came in

    over the next several days. Overall, Tennessee received more that

    4,000 price complaints during the emergency period.

    The Tennessee attorney generals oce and the states Depart-

    ment o Commerce and Insurance examined the complaints and

    launched investigations into the prices charged by 17 gasoline

    retailers in the state. Seven months ater Hurricane Ike struck

    the Gul Coast, the state announced that 16 o the 17 companiesMichael Giberson is an instructor with the Center or Energy Com-merce in the Rawls College o Business at Texas Tech University.

    The Problem withPrice Gouging LawsI ial icig dig a gcy hical?

    By miChael giBeRson | Texas Tech University

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    had entered into settlements. The companies denied wrongdoing

    but agreed to pay civil penalties and oer reunds. The attorney

    generals oce led suit against the one company that reused tosettle, Weigles. A year later, Weigles also settled, agreeing to make

    $57,000 in payments to the state and oering consumer reunds.

    As had many o the parties that settled a year sooner, Weigles

    denied wrongdoing and said it settled only to avoid the costs and

    risks inherent in protracted litigation with the state.

    Gasoline retailers are not the only targets o price gouging

    laws. Prices charged on everything rom hotel rooms, to electric

    generators, to bottled water have been occasions or legal action.

    Duke University economist Michael Munger reported that ater

    Hurricane Fran hit central North Carolina in 1996, our men sell-

    ing ice were arrested near Raleigh or charging a price much higher

    than the $1.75 per bag price that prevailed in the area beore thestorm. Munger said some consumers were angered by the price, but

    almost no one reused to pay. Ater all, without power and unsure

    when the power would return, ice was much more valuable to the

    consumers than it had been just beore the storm.

    The price gouging laws o Tennessee and North Carolina, and

    those o the 30 or so other states with similar laws on the books,

    are something o a puzzle or economists. Economists usually

    point to public goods or special interests as the mobilizing orce

    behind regulations. Price controls, including price gouging laws,

    almost certainly reduce overall economic welare. And while price

    controls sometimes create the concentrated benets sought by

    interest groups, the benets and costs o price gouging laws are

    widely dispersed and uncertain in impact hardly the kind oprize lobbyists usually pursue.

    Instead, price gouging laws appear more akin to laws banning

    the sale o horse meat or human consumption, Blue laws that

    prevent the sale o certain items on Sunday, or laws that once pro-

    hibited interracial marriage. The laws put the orce o government

    behind eorts to prevent people rom entering into agreements or

    transactions that lawmakers nd objectionable. One more puzzle:

    unlike Blue laws and interracial marriage bans, laws against price

    gouging are not ading away as society becomes more accepting o

    personal dierences. Instead, price gouging laws emerged relatively

    recently, are spreading geographically, have become more expansive

    in scope, and are becoming more requently invoked.Economists and policy analysts opposed to price gouging laws

    have relied on the simple logic o price controls: i you cap price

    increases during an emergency, you discourage conservation o

    needed goods at exactly the time they are in high demand. Simul-

    taneously, price caps discourage extraordinary supply eorts that

    would help bring goods in high demand into the aected area.

    In a classic case o unintended consequences, the law harms the

    very people whom lawmakers intend to help. The logic o supply

    and demand, so clear to economists, has had little eect on price

    gouging policies.IlluStratIonbyMorganballard

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    C o n s u m e r p r o t e C t I o n

    Price Gouging Laws

    In popular usage, consumers complain about price gouging

    just about anytime they do not like a price. A casual scan o let-

    ters to the editor and online columnists will reveal price goug-

    ing claims or everything rom 3-D movie tickets, to resh-cut

    fowers, to cables or high-denition televisions. Recently, when

    gasoline prices in Alaska trended up over several months to 40

    or 50 cents per gallon above the national average, state legisla-

    tors charged that reners were price gouging.

    More typically, however, price gouging claims involve three

    actors:

    a price deemed unairly high,

    an emergency or dicult situation, and

    a product or service useul in responding to the emergency.

    Price gouging laws can be more restrictive, sometimes dening

    one or more o the three actors more clearly:

    a price increase in excess o some threshold,

    a declared state o emergency, and

    a specic set o necessary or useul products or services.

    In Caliornia, or example, the price gouging law prohibits

    charging a price more than 10 percent higher than the price

    charged prior to a declared state o emergency or consumer ood

    items, goods and services used or emergency cleanup, medical

    supplies, home heating oil and gasoline, and other goods and

    services in particular demand in post-emergency situations.

    Many state laws permit retailers to pass along higher wholesale

    costs while price gouging laws are in eect, so long as the retailers

    margin does not increase.

    The irst state law explicitly directed at price gouging wasenacted in New York in 1979, in response to increases in home

    heating oil prices during the winter o 19781979. New Yorks law

    initially applied to retailers oering consumer goods and services

    vital and necessary or the health, saety, and welare o consum-

    ers at an unconscionably excessive price, and applied during an

    emergency declared by the governor. Just three states passed similar

    laws in the 1980s: Hawaii in 1983, and Connecticut and Mississippi

    in 1986. Then, 11 more states added anti-price gouging laws or

    regulations in the 1990s and 16 states ollowed in the 2000s.

    When price gouging laws are revised, the tendency is or the

    scope o the law to be broadened, the penalties to become more

    punitive, and the conditions under which the laws are applied tobecome less restrictive. The New York law was amended in 1995

    to include repairs made on an emergency basis and to increase

    the maximum ne rom $5,000 to $10,000. In 1998, New York

    amended the law again to include prices on wholesale and inter-

    mediate goods. Mississippi amended its law in 1994 to classiy

    some violations o the law as elonies and clariy that the emer-

    gency need not happen within the state or the law to be invoked.

    Connecticut amended its price gouging statues in October 2005

    to include any period in which an imminent abnormal market

    disruption is reasonably anticipated, increased the maximum

    ne, and specied that the term seller included a supplier,

    wholesaler, distributor, or retailer.

    Changes that narrow the scope o price gouging laws are less

    common, but they do occur. A year ater Utah passed its price

    gouging law, it was amended to speciy that the emergency must

    occur in Utah or the law to be invoked. In 2010, Connecticut

    amended its law to provide sae harbor rom price gouging pros-

    ecution to energy retailers whose margins do not increase. Also in

    2010, Georgia amended its law to require the governor to speciy

    in the declaration o emergency just which goods and services will

    be subjected to price gouging controls.

    The Ethics of Price Gouging

    Many people eel price gouging is morally wrong. The remarks

    o newspaper columnists and state legislators provide ready evi-

    dence on this topic. Survey research by Daniel Kahneman, Jack

    Knetsch, and Richard Thaler, published in the American Economic

    Review, urther establishes this point: most respondents ound

    price increases during dicult times to be unair, except in casesin which retailers were only passing along cost increases.

    More recent research suggests that these unairness judg-

    ments are driven primarily by emotional responses to the price

    increases. Careul examination o the ethics o price gouging

    raises questions or these emotion-driven judgments. The ethical

    case or limiting price gouging is weaker than it may appear.

    Harvard political philosophy proessor Michael Sandel opened

    his 2009 book Justice: Whats the Right Thing to Do? with the debate

    over price gouging that ollowed in the wake o Hurricane Char-

    ley. The storm hit Florida in 2004, killing 22 people and causing

    $11 billion in damages. Sandel said arguments or and against

    price gouging laws revolved around three ideas: maximizingwelare, respecting reedom, and promoting virtue.

    Opponents o price gouging laws ocus on welare and ree-

    dom, Sandel said, but neglect considerations o virtue. Sandel

    cited a September 2004 op-ed by Thomas Sowell to illustrate the

    welare point. In it, Sowell said the problem with price gouging

    laws was that they keep goods and services rom being used where

    they are most needed; people will be better o without price caps.

    An August 2004 op-ed by columnist Je Jacoby provided a quote

    in support o the reedom argument: It isnt gouging to charge

    what the market will bear. It isnt greedy or brazen. Its how goods

    and services get allocated in a ree society.

    Both Sowell and Jacoby noted the emotion behind pricegouging laws, but dismissed the relevance o emotion or decid-

    ing public policy. Sandel suggested that emotion plays a more

    signicant role:

    Much public support or price-gouging laws comes rom some-

    thing more visceral than welare or reedom. People are outraged

    at vultures who prey on the desperation o others and want them

    punished not rewarded with windall prots. [This] outrage is

    more than mindless anger. It gestures at a moral argument worth

    taking seriously. Outrage is the special kind o anger you eel when

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    you believe that people are getting things they dont deserve. Outrage

    o this kind is anger at injustice.

    Sandel characterizes the virtue argument or price gouging

    laws as ollows:

    Greed is a vice, a bad way o being, especially when it makes people

    oblivious to the suering o others. More than a personal vice, it isat odds with civic virtue. In times o trouble, a good society pulls

    together. Rather than press or maximum advantage, people look

    out or one another. A society in which people exploit their neighbors

    or nancial gain in times o crisis is not a good society. Excessive

    greed is thereore a vice that a good society should discourage i it can.

    Price-gouging laws cannot banish greed, but they can at least restrain

    its most brazen expression, and signal societys disapproval o it. By

    punishing greedy behavior rather than rewarding it, society arms

    the civic virtue o shared sacrice or the common good.

    Sandels summary o the virtue argument is revealing both or

    what it includes and or what it leaves out. He not only acknowl-

    edged the role o emotion in motivating price gouging laws, in hisview the anger and outrage toward price gouging plays a special

    role in revealing the morality o the antiprice gouging position.

    Sandels virtue argument does not justiy itsel in terms o

    results. The role o the law is to arm the civic virtue o shared

    sacrice or the common good. No emphasis is put into examin-

    ing whether arming civic virtue in this way has been eective in

    inspiring shared sacrice or promoting the common good.

    Deenders o price gouging laws sometimes concede the mate-

    rial benets o allowing merchants reedom to set their own prices,

    even during emergencies, but they still avor the laws in order to

    stand on the side o virtue. Yet the question o which side is the side

    o virtue is not so simple. Emergencies and natural disasters are bydenition periods o threat, suering, and sacrice. I it is admitted

    that giving merchants the reedom to pick their own prices does

    a better job than alternative ways o getting goods and services to

    where they are needed, then intererence with that pricing reedom

    raises serious questions. Intererence harms precisely those persons

    who have been already harmed by the disaster, a result that suggests

    neither shared sacrice nor promotion o a common good.

    University o San Diego philosophy proessor Matt Zwo-

    linski made this point in a 2008 paper examining the ethics o

    price gouging. His ull analysis is more subtle, challenging price

    gouging ethics on both airness and consequentialist grounds.

    I it is true that emergencies are times that a society ought toexercise special care or those members o society in harms way,

    then, Zwolinski argues, it is at odds with airness to place a par-

    ticularized obligation to sacrice on a discrete segment o society,

    namely merchants. Addressing the particular hardships aced by

    the poor during emergencies, Zwolinski said, is a task better let

    to government agencies or charities.

    Zwolinski added that a predictable consequence o price goug-

    ing laws is that some merchants, nding their ability to recover

    costs compromised, will decide not to sell at all rather than to sell

    at a loss. Merchants will lose the opportunity to prot and con-

    sumers will lose the opportunity to decide or themselves whether

    the good or service would have been worth the higher price. The

    possibility o merchants shutting down rather than operating is

    more than academic speculation. The South Carolina attorney

    generals oce ound that during price spikes ollowing Hur-

    ricanes Gustav and Ike, some station owners reported that to

    avoid bad publicity they simply shut their doors instead o pur-

    chasing gasoline at elevated prices.

    The South Carolina report on price gouging also indicated

    that some retail stations went to extraordinary lengths to secure

    supplies during the emergency even though they were uncertain

    as to whether they would recover their costs. Zwolinski argued

    that while such eorts may be laudable, merchants are not under

    an ethical obligation to do so. In act, merchants ace no ethical

    obligation to remain open during emergencies, even though

    closing may contribute to hardships among some potential con-

    sumers. And i merchants may ethically close, Zwolinski pointed

    out, it can hardly be unethical or merchants to remain open but

    oer goods at a higher-than-usual price. By remaining open even

    with high prices, the merchant is providing potentially helpulopportunities or consumers in need.

    Price Gouging Laws as Public Policy

    I the ethical case against price gouging is weak, perhaps there

    are alternative justications or the policy. True, many people

    eel that price increases during emergencies are unair, but

    policy analysis requires more than a survey o public sentiment.

    Proposed laws ought to be examined or their consistency

    with the proper role and scope o government activity, or the

    danger that popular programs may erode minority rights, and

    or the eectiveness o the proposed law in achieving the goalsannounced. Yet examination o legislative records and newspa-

    per accounts or several states with price gouging laws reveals

    little in the way o detailed policy analysis.

    As previously noted, New York passed the nations rst price

    gouging law in response to sharp increases in home heating oil

    costs during the winter o 19781979. Newspaper accounts sug-

    gest the bill was motivated by a desire to protect consumers. To

    policymakers it simply appeared wrong to hike prices on consum-

    ers undergoing weather-related hardships, and the law sought to

    protect consumers rom such prices. The apparent simplicity o

    both the laws goals and the approach advocated may have insu-

    lated the proposal rom thorough policy analysis.Texas passed its price gouging legislation in 1995, in the orm

    o a ew lines in a tort reorm bill that proposed substantial

    changes to the states Deceptive Trade Practices Act. Though

    the tort reorm debate captured both headlines and legislator

    attention, little notice was given to the section that declared it a

    alse, misleading, or deceptive act or practice to sell uel, ood,

    medicine, or another necessity at an exorbitant or excessive price

    during an emergency declared by the governor.

    South Carolina was one o seven states that passed antiprice

    gouging laws in late 2001 or 2002, primarily in response to reports

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    C o n s u m e r p r o t e C t I o n

    o price gouging ater the September 11, 2001 terrorist attacks.

    Among many other things, the South Carolina Homeland Security

    Act o 2002 imposed penalties o up to $1,000 and as many as 30

    days in prison or charging an unconscionable price or 30 days

    ater a declaration o emergency by the president or governor, or

    or 15 days ater the attorney general issues a notice o abnormal

    disruption o the market. Most o the public debate over the

    Homeland Security Act concerned the expansion o the states law

    enorcement authority; as in Texas, the price gouging provisions

    were a barely discussed part o a much larger bill.

    When price gouging legislation reached the foor o the Utah

    State Senate in 2005, bill sponsor Patrice Arent cited price goug-

    ing reports rom Florida as motivation, said a majority o states

    had price gouging laws, and expressed a desire to provide such

    protection to Utah consumers. Discussions o the bill revealed

    that the state legislators were aware o the potential or the price

    controls to interere with both ordinary business practices and

    the possible extraordinary eorts businesses may undertake dur-

    ing emergencies. Arent responded that the legislation included

    accommodations to address concerns o Utah businesses toavoid interering with such eorts.

    Utah had aced just two declared emergencies in the previous

    15 years and a single episode o an extreme price or tree removal

    was mentioned by Arent. Had a ormal cost-benet analysis o

    the Utah law been conducted, both the costs and benets would

    have been minimal. The Utah public was not calling or such pro-

    tection and lobbyists did not pursue it. Rather, Arent advocated

    or the bill on the grounds that it would be good or the state to

    protect consumers rom price gouging, and on the grounds that

    other states were already doing it.

    Consequences of Price Gouging Law

    Economic analysis o the eects o price gouging laws reveals

    concerns on both the demand and supply sides o the market.

    As already noted, price constraints will discourage conservation

    o goods at exactly the time they are in especially high demand.

    Simultaneously, price caps discourage extraordinary eorts to

    bring goods in high demand into the aected area. As Sowell

    explained, price gouging laws keep goods rom being used

    where they are most needed. It is a result not intended by state

    legislators, but completely predictable.

    In a 2007 Journal of Competition Law and Economics paper, David

    Montgomery, Robert Baron, and Mary Weisskop present athorough examination o the eects o price gouging laws. Their

    assessment o a proposed national price gouging law concluded

    a national law would have increased total economic losses dur-

    ing Hurricanes Katrina and Rita by nearly $2 billion, mostly

    rom intererence with incentives to bring goods and services to

    areas where they are most needed. In addition, they ound that a

    national price gouging law would have let more o the economic

    burden o the storms on the states most directly hit, Louisiana

    and Mississippi, while moderating the economic consequences

    or the rest o the nation.

    This damage-concentrating eect o price gouging laws is

    especially troubling, but it is a predictable result o suppress-

    ing price increases. Higher prices motivate a supply response:

    wholesalers divert supplies headed or neighboring markets into

    areas o suddenly higher prices, and the eect is that supplies in

    neighboring areas are reduced and prices rise a bit in response. As

    supplies are diverted toward the disaster-struck region, the harms

    suered in the area are diminished a degree. Yes, consumers in

    disaster-struck areas would rather not pay our times the usual

    price or ice or 30 percent more or gasoline, but they generally

    would be better o having the opportunity to do so rather than

    having no opportunity to buy ice or gas at all.

    There are urther unintended consequences. It can be easier

    or large retailers to mobilize a response to a localized disaster

    than or smaller merchants. A nationwide chain can divert

    shipments intended or its stores in other areas and even move

    merchandise rom other stores to resupply stores in the aected

    area. These options explain in part why some large retailers are

    able to limit price increases during declared emergencies. A small

    mom-and-pop store or even a regional chain in an aected areawill have ewer low-cost resupply options available. The result?

    Price gouging laws are more burdensome or small retailers than

    or nationwide chains.

    Helping Consumers?

    It may be objected that while price gouging laws are price

    controls, they are price controls limited in scope and dura-

    tion, and hence unlikely to cause signicant harm. In addition,

    states attorneys general seem somewhat restrained in their

    application o the laws. At least it is the case that state attorneys

    general receive thousands o consumer price complaints eachyear, but relatively ew complaints lead to investigations and

    ewer still yield settlements or lawsuits. Many state laws make

    allowances or retailers to pass along higher wholesale costs, at

    least so long as the retailers prot margin does not increase. In

    addition, some large chain retailers would pursue a policy o no

    price increases or relevant consumer goods during emergen-

    cies, with or without a law. In such cases, price gouging laws

    may present little added burden, at least or large retailers, but

    also little benet to consumers. Perhaps other policies would

    be better targets or reorm.

    Price gouging laws remain problematic. First, it is ar rom

    clear that the application o current laws causes little economicharm. Relatively little economic research has examined the eects

    o price gouging laws on businesses or consumers. However,

    Montgomery, Baron, and Weisskops systematic estimate o the

    potential eects o a national price gouging law did nd that such

    a law would have substantially increased the damages rom disas-

    ters like Hurricanes Katrina and Rita. In addition, because the law

    would hamper the price signals that motivate supply responses

    rom outside the aected area, most o this addition harm would

    be concentrated in the states directly hit by the storms.

    Second, it seems dicult to pin down a clear description o

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    price gouging. State laws requently employ imprecise terms

    such as unconscionable, exorbitant, or unreasonably exces-

    sive, and provide ew specic criteria to identiy when a price ts

    those descriptions. Even in states that specically permit retail-

    ers to pass along cost increases, not all cost increases are treated

    equally. Merchants are then let unsure as to how much prices can

    increase under the law. Weigles and other Knoxville-area gasoline

    retailers were surely aware o Tennessees law against charging a

    price grossly in excess o a price generally charged immediately

    prior to the emergency, except to the extent a merchant is pass-

    ing along increased costs; apparently the Tennessee attorney

    general and the retailers had diering views on what constituted

    increased costs. States that ail to speciy when price increases

    violate the law ail to provide a well-tailored law to protect con-

    sumers. Instead, vague price gouging laws add to the uncertainty

    aced by merchants operating in disaster-aected areas.

    Third, while price gouging laws may be somewhat limited in

    scope and duration, those limits are being eroded. Price gouging

    laws are increasingly being applied to a broader sets o goods and

    services, penalties are becoming harsher, the laws are invokedmore requently, and they are in orce or longer periods o time.

    No state with a price gouging law has repealed it, and states lack-

    ing a price gouging law continue to ace legislative proposals to

    enact such laws. Federal price gouging legislation has been pro-

    posed repeatedly over the past several Congresses.

    Finally, on moral grounds not well captured by economic

    analysis, the nature o price gouging laws is to hinder actions that

    would tend to aid persons in desperate conditions. Capped prices

    tend to discourage conservation o needed goods or services. One

    amily, evacuated rom its home, may reserve two hotel rooms at

    a capped rate when they would have taken one at higher prices;

    late-arriving evacuees will nd ewer rooms available. Similarly,capped prices tend to discourage extraordinary eorts to resup-

    ply an area with vitally needed goods or services. Some shop own-

    ers in aected areas will shut down rather than operate during

    times o stress, eectively taking goods o the market rather than

    making them available to consumers. Fewer individuals outside

    o the aected areas will risk their time and money bringing ice,

    electric generators, or other goods into storm-ravaged areas i

    they risk arrest and nes or charging unconscionable prices.

    Conclusion

    I public policy ought especially to protect persons duringperiods o emergency and that is the claim o some advo-

    cates o price gouging laws then price gouging laws should

    be repealed i it is ound that they lead to more harm than

    good or such persons. Advocates o price gouging laws rec-

    ognize the strong emotions that motivate antiprice gouging

    attitudes and claim this emotion highlights the moral serious-

    ness o price increases during emergencies. But a sustained

    examination o the ethics o price gouging nds the moral

    case against price gouging to be weak. When the consequences

    o anti-gouging regulations are considered instead o just the

    intentions o their advocates, moral considerations likely weigh

    against, rather than or, price gouging laws.

    The straightorward economic analysis o Montgomery,

    Baron, and Weisskop concluded that a nationwide price goug-

    ing law would exacerbate the eects o natural disasters and tend

    to concentrate the harm in the locations most directly hit by

    the disasters. Or, to rame this point dierently, in the absence

    o price gouging laws, the natural workings o the price system

    would be to reduce the overall harm resulting rom a disaster and

    share the harm remaining across a larger part o the population.

    Price gouging laws hinder this natural response.

    The irony here or the virtue argument described by Sandel is

    acute. It is the special claim o the virtue argument that it intends

    to promote a civic virtue o shared sacrice or the common good,

    yet price gouging laws are destructive on both points. Because

    price gouging laws interere with price signals, resources rom

    outside o the disaster-aected area are not so readily mobilized.

    Rather than promoting a shared sacrice in response to a disaster,

    economic damage tends to be more localized. A urther result o

    interering with price signals is that ewer resources get to wherethey are most needed, and thereore the common good is harmed

    rather than promoted.

    I the virtue argument or price gouging laws ails, we are let

    with welare and reedom considerations. Here the case against

    price gouging laws is substantial. Price controls interere with the

    ability o merchants and consumers to settle reely on the prices

    at which they will trade. Price controls also reduce economic wel-

    are: by limiting price increases in areas harmed by emergencies,

    the laws discourage conservation o goods and services precisely

    when they are needed most and discourage extraordinary eorts

    to bring goods in high demand into the aected area.

    Laws proscribing price gouging intend to enorce a moral viewthat says it is wrong to take advantage o anothers pain or ones

    own gain. The intention may be laudable, but the results o the

    laws clearly are not. Merchants and consumers would be better

    o without price gouging laws.

    rEadIngS

    An Analysis o the Enactment

    o Anti-Price Gouging Laws, by

    Cale Wren Davis. Montana State

    University, 2008.

    Bring on the Price Gougers, by

    Je Jacoby. Boston Globe, August 22,

    2004.

    Fairness as a Constraint on

    Prot Seeking: Entitlements in the

    Market, by Daniel Kahneman, Jack

    L. Knetsch, and Richard Thaler.

    American Economic Review, Vol. 76,

    No. 4 (September 1986).

    How Price Gouging Helps Flo-

    ridians, by Thomas Sowell. Tampa

    Tribune, September 15, 2004.

    Justice: Whats the Right Thing to Do?

    by Michael J. Sandel. Farrar, Straus

    and Giroux, 2009.

    Potential Eects o Proposed

    Price Gouging Legislation on the

    Cost and Severity o Gasoline

    Supply Interruptions, by W. D.

    Montgomery, R. A. Baron, and M. K.

    Weisskop. Journal of Competition Law

    & Economics, Vol. 3 No. 3 (2007).Price Gouging Report , prepared by

    the Oce o the Attorney General,

    State o South Carolina. July 25, 2009.

    The Ethics o Price Gouging,

    by Matt Zwolinski. Business Ethics

    Quarterly, Vol. 18, No. 3 (2008).

    The Price Is Wrong: Understanding

    What Makes a Price Seem Fair and the

    True Cost of Unfair Pricing, by Sarah

    Maxwell. John Wiley & Sons, Inc.,

    2008.