Aug 16 (Reuters) - As Vice President Kamala Harris
focuses on price gouging in her presidential campaign, state
laws and laws proposed by her colleagues in the Senate show
potential paths for a crackdown on high prices.
The Democratic candidate planned to lay out her anti-price
gouging and other economic proposals in a speech in Raleigh,
North Carolina, on Friday.
Price gouging laws generally prohibit profiteering during
emergencies, but vary widely as to when they apply, said Lindsay
Owens, who leads Groundwork Collaborative, an anti-monopoly
think tank. Thirty-four states have some form of anti-price
gouging law on the books.
"States have been able to use these laws really effectively
to prevent companies from exploiting crises to profit," Owens
said.
Harris' plan will include "the first-ever federal ban on
price gouging on food and groceries," which her campaign says
aims to stop big corporations from unfairly exploiting consumers
while generating excessive corporate profits.
New York's law, which Owens views as one of the strongest, bans
companies from excessively raising prices on consumer staples
during an abnormal market disruption. Drugstore chain Walgreens
settled with the state last year over allegations it
jacked up baby formula prices after a recall led to a nationwide
shortage in 2022.
New York Attorney General Letitia James, a Democrat, accused
Walgreens of raising formula prices by 10% after accounting for
increased costs - and, in one case, 70% - during the shortage
prompted by a recall at major formula maker Abbott Labs ( ABT )
.
The only existing federal law against price gouging is aimed
at preventing profiteering during wartime or other national
emergencies. The law bans hoarding designated scarce items for
resale at more than the prevailing market price - a term it does
not define.
In 2020, when Harris was a U.S. senator, she co-sponsored
legislation that would have defined price gouging in an
emergency as charging more than 10 percent above the previous
average price. The bill built in a defense for sellers that
could show price hikes flowed from their own rising costs.
The proposal was modeled after California's anti-price
gouging law, which Harris warned businesses against violating
when she was the state's attorney general. The state's current
attorney general, Rob Bonta, used it to sue a landlord over rent
hikes during the COVID-19 pandemic.
While pandemic-era supply problems have eased, consumer
advocates and some Democratic legislators have accused
corporations of using the pandemic and general inflation as
cover for price hikes to boost profits.
Democratic U.S. senators, including Elizabeth Warren of
Massachusetts, introduced a bill earlier this year that would
make it illegal to offer goods or services at a "grossly
excessive price" - a term the U.S. Federal Trade Commission
would define.
A price at least 20% higher than the average market price in
the previous six months is one definition the agency would have
to consider.
It would also require publicly traded companies to disclose
their gross margins and pricing strategies in the wake of an
emergency or other unusual market disruption.
While that bill had no Republican sponsors, other pricing
bills, such as proposed drug price reforms, have received
bipartisan support.
Republican Senator Chuck Grassley of Iowa has led the charge
on those bills and co-sponsored others aimed at combating the
effects of consolidation in the meatpacking industry - an area
Harris is expected to highlight in her speech.
Even without additional federal legislation, a potential
Harris administration has some existing tools.
The Federal Trade Commission under the Biden administration has
already used its existing authority to sue to ask a court to
block grocery chain Kroger ( KR ) $24.6 billion deal to buy
rival Albertsons ( ACI ), and to launch a study of grocery
prices.