Posts Tagged ‘price gouging’

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Gas price gouging on rise*

August 8, 2011

Michael Giberson

Gasoline stations are violating price regulations at a higher rate than any other industry under government price guidelines, an Internal Revenue Service survey shows.

About 20% of service stations checked were selling gasoline above the legal ceiling price, the agency said.

Federal energy chief William Simon told The Milwaukee Journal’s Washington Bureau Thursday that the Internal Revenue Service was intensifying its crackdown on price gouging. He said the IRS was training an additional 1,000 investigators – bringing the total number available to the Federal Energy Office (FEO) to about 2,500.

In addition, he urged consumers to complain to their local IRS office whenever they believed they were being overcharged. He said consumers should get receipts from service stations whenever possible so they could receive any refunds that were ordered.

Acting Atty. Gen. Robert Bork sent telegrams to 94 US attorneys last week advising them to seek restraining orders against gasoline price gouging, Simon said.

Most of the violation probably do not involve flagrant price gouging, in which motorists are charged $1 or more for a gallon of gas, an IRS spokesman said. But the number of such serious violations is increasing.

The spokesman said it appeared that an increasing number of gasoline stations were using various gimmicks to get around the government’s price regulations.

*Excerpt from “Gas Price Gouging on Rise,” The Milwaukee Journal, January 2, 1974.

You probably believe that consumers had to wait in long lines to buy gas in the early 1970s because of the OPEC oil embargo. Annual data on imports available from the Energy Information Administration indicate that oil imports from OPEC nations increased each year from 1968 through 1977. (I don’t find monthly data on a cursory search, though it would be more revealing of conditions during the months of the embargo.)

The newspaper clip above reminds us that U.S. government price controls were hampering oil industry adjustments to higher world oil prices and changing supply conditions. A little common sense is all that is needed to realize that consumers don’t stand in line to pay too-high prices, but will stand in line for underpriced goods (whether due to sales promotions or government price controls).

A related story, “Gas stations worst violators” (The Miami News, January 3, 1974), elaborated on gasoline retailers’ adaptations to price controls: “According to the [Federal Energy Office] spokesman, the gimmicks used include service charges for each gallon of gas, requiring consumers to get a car wash along with a full tank of gas, or making them buy other products at inflated prices.”

The rest of The Milwaukee Journal story is included in the continuation below.

Read the rest of this entry ?

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Congressman called for gas relief

June 27, 2011

Michael Giberson

Congressman Brian Higgins, of western New York, put out a press release last week welcoming the news that the Obama administration will release 30 million barrels of oil from the Strategic Petroleum Reserve. (“Higgins Welcomes News of Oil Release: Congressman Called for Gas Relief Measure in April.”) The rest of the press release was a listing of all of the efforts the congressman has supported with the intent of “keeping gas prices reasonable.”

 Our efforts include: fighting to remove subsidies to oil companies, regular monitoring of local prices to ensure they correlate to others in the region, responsible domestic drilling and aggressively pursuing alternative energy.”

I’m surprised to see “fighting to remove subsidies to oil companies” as the first listed effort to keep gas prices reasonable. Presumably the subsidies tend to shift costs from consumers as a group to taxpayers as a group and therefore lower the price of gas (if not the ultimate cost). I’m against subsidies to energy companies, however, so glad to see Congressman Higgins on the case.

A bit more, uh, laughable might be the polite term, is the press release’s claims of Higgins’s success in fighting to bring gasoline prices down:

In the fall of 2008 Congressman Higgins fought unjustifiably high gas prices in WNY.  He met with the Chairman of the Federal Trade Commission and demanded an investigation into high prices.

Over the six month period during which the Congressman vocally rallied against and demanded answers the high local gas prices decreased by $1.18 due in part to the Congressman’s actions.

In fact the FTC’s letter credited the Congressman for falling prices saying, “we note that prices began to fall soon after you raised public concerns about the elevated prices.”  The Congressman continues to monitor local gas prices through his website to make sure local gas prices aren’t unjustifiably higher than other upstate regions.

In brief, after the Hurricanes Gustav and Ike hit oil producing areas in the Gulf, prices spiked nationally for a while before resuming the sharp drop in oil and gasoline prices that had begun in the summer. Prices in Western New York were falling a little bit less sharply than prices elsewhere in the state. The Congressman began publicly complaining about the change in relative prices with respect to elsewhere in the state.

What evidence is there for the claim that prices fell “due in part to the Congressman’s actions”??? Essentially none. Notice that the FTC letter to the Congressman only observes that prices began to fall after the Congressman had complained, not that the Congressman had anything to do with prices falling. (I posted a link to the FTC letter to Congressman Higgins in a July 2009 post along with extensive commentary.)

The press release adds that Higgins is co-sponsoring the current version of the Federal Price Gouging Prevention Act, apparently languishing in committee, which I am on record as saying is a bad deal for consumers and merchants.

So the Congressman’s press release is nothing more than a list of ineffectual, misrepresented, or misguided efforts. No real suprise, right, I mean no one reads press releases for their truth content. Still, someone thought highly enough of the press release to reproduce it more or less word-for-word on a newspaper website, so I thought it worthwhile to point out some of the limits of the report.

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Art Carden on price gouging

June 17, 2011

Michael Giberson

Art Carden, in his Economic Imagination blog at Forbes.com, explains “Price Gouging Laws Hurt Storm Victims.”

How many people see natural disasters like the tornadoes in Tuscaloosa, Alabama, and Joplin, Missouri and say “we should be working to impede the recovery and make life harder for storm victims?” Probably no one. How many people see prices rise after natural disasters like the tornadoes in Tuscaloosa, Alabama and Joplin Missouri and say “we should prosecute ‘price gougers!’”? Probably a lot. And yet prosecuting price gougers makes life harder for storm victims.

I like Carden’s article not because he quotes my Regulation article on price gouging and gives me another reason to link to it (well, I like Carden’s article not only because…), but because he states the main problem with price gouging laws so clearly: “prosecuting price gougers makes life harder for storm victims.”

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Price gouging op-ed appears in the Washington Times

June 6, 2011

Michael Giberson

This morning’s Washington Times carries my op-ed on price gouging. You should run out and buy a copy at your local newsstand, call the editor with loads of praise, encourage him to solicit my views more frequently, etc.

Alternatively, read the op-ed at the Times website and offer comments here, there, or both places.

The op-ed provides three examples to illustrate the effects of price gouging policy. Since the op-ed format doesn’t allow footnotes, here are some references to accompany the op-ed:

  1. “A Boston-area water main break in May 2010 had officials warning retailers not to price-gouge on bottled water. It was political grandstanding – the state’s price-gouging law only applies to gasoline – but prices stayed low.” See www.thebostonchannel.com, “Price Gouging Put In Check During Water Crisis,” for quotes from Governor Deval Patrick. The extent of the legal authority assigned to the Division of Standards is to ensure that prices charged at the checkout stand match the prices listed on store shelves, but of course perhaps not every merchant knows all of the details of the relevant state laws. The state’s Attorney General and other local officials issued similar anti-price gouging statements. Other details from contemporaneous Boston-area news accounts.
  2. “In January 1998, an ice storm left millions of people in the United States and Canada without power for days. Chazy Hardware, a small hardware store in upstate New York, sent one of its trucks on a hazardous trip into neighboring Vermont to secure electrical generators for several customers.” The details are taken from a court decision in the case People v. Chazy Hardware, 176 Misc. 2d 960 – NY: Supreme Court, Clinton 1998.
  3. “Some gasoline retailers went to extraordinary efforts to resupply. Other retailers, including Frank Shumpert of Pelion, S.C., refused new supplies when those supplies came at higher cost, preferring to be out of stock rather than be charged with price gouging.” Shumpert is quoted in the Columbia, SC, The State newspaper, “S.C. attorney general launches gasoline price-gouging probe against suppliers,” September 15, 2008 (No link). See more in Price Gouging Report issued by the Office of the Attorney General of South Carolina, July 25, 2009. Report was at http://www.scattorneygeneral.com/newsroom/pdf/2009/gaspricegouging.pdf but is not online anymore.
The Cato Institute helped me find a home for the op-ed, and it is also posted on their website at http://www.cato.org/pub_display.php?pub_id=13164.
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Do anti-price gouging laws help the victims of natural disaster?

June 2, 2011

Michael Giberson

At the LegalMatch Law Blog, Sonya Ziaja editorializes in favor of laws against price gouging:

Natural forces are blind to what they destroy. People aren’t. In the past month, tornadoes and flooding in the South and Midwest left behind crippled lives, destroyed homes, and eviscerated infrastructure.

Now as the victims of the tornadoes try to rebuild, they are left vulnerable to another foe—people who use the disaster for economic gain by price-gouging.

Thankfully, there are legal protections against price-gouging in many states…. [The] price-gouging statutes allows the attorney’s general to investigate and prosecute instances of price-gouging once a state of emergency is declared.

After some discussion of the difficulty of defining price gouging precisely and the resulting differences in state laws, Ziaja asks a very good question: “How does any of this help the victims of natural disaster?”

Her answer sticks to the simple intended effect of the laws: “In theory, the threat of these consequences will deter potential price-gougers from profiting excessively from the misfortune of others.”

That line is a fine beginning to an answer, but unfortunately, is this case, it is also the end of the answer. The editorial moves on to other issues. What should come next is any evidence on whether the deterrence theory actually keeps people from profiting excessively, however that is defined. After all, first we should assess whether the law actual does the main thing it attempts to do. Following that one should look at whether the law has any unintended consequences, positive or negative, for victims of natural disasters.

On the issue of unintended consequences it seems clear that price gouging laws has negative effects for victims. The laws discourage efforts by merchants to bring useful goods into disaster-affected areas. Stores have been fined by the state after going to extraordinary efforts to bring electric generators into areas where an ice storm left millions of people without power. Gasoline retailers sometimes refuse to resupply at higher wholesale prices during declared emergencies, afraid they’ll be accused of price gouging. Victims of disasters are worse off if the laws reduce the resources available to them for recovery.

I’ll provide a few more details and analysis in a subsequent post on the consequences of price gouging laws. (The interested reader should also check out my price gouging article in Regulation magazine.)

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Gasoline price gouging complaints spur Kentucky, Maryland attorneys general into action

May 19, 2011

Michael Giberson

Gasoline Prices for Maryland, Ohio, and Kentucky, April 20-May 19, 2011
Image: MDOHKYgasprices_APR20_gasbuddy hosted on Flickr. Chart created at GasBuddy.com.

Kentucky: Attorney General Jack Conway filed a motion last week seeking a temporary injunction to force Marathon Petroleum Co. to return its gasoline prices to April 26 levels, the date the state’s Governor declared a state of emergency due to flooding. From WLKY.com:

Attorney General Jack Conway accused Marathon of illegally raising the price of wholesale gasoline during a state of emergency due to flooding.

 ”The governor issued his emergency order on April 26 which put into place Kentucky’s price gouging law that says you can’t gouge on building supplies, you can’t gouge on hotel rooms and you can’t gouge on gas prices. Specifically we’re alleging they’re charging prices not based on their costs but instead based on their speculation,” Conway said.

… Conway wants an order forcing Marathon to roll back its wholesaler price to what it was before the emergency declaration.

On Monday a Kentucky judge declined to issue a restraining order against Marathon, saying he needed additional information. A hearing is scheduled for today. The motion was filed in Kentucky’s on-going price gouging case against Marathon, initiated in 2007 in response to gasoline pricing complaints post-Hurricanes Katrina and Rita in late 2005.

Kentucky law prohibits selling certain goods and services, including fuels, “for a price which is grossly in excess of the price prior to the declaration [of a state of emergency] and unrelated to any increased cost to the seller.”

Marathon claimed politics, as Tuesday this week was the state’s primary election and AG Conway was on the ballot; Conway dismissed the claim, saying he was unopposed in the Democratic primary. (Marathon noted that the 2007 case was filed by then Attorney General Greg Stumbo less than two weeks before the 2007 primary election in which Stumbo was seeking the Democratic nomination for Lt. Governor.)

In addition to the price gouging claims, the AG’s office has been pursuing an anti-trust investigation of Marathon. Coincidently, reports WHAS11 news, “Also Friday, the Kentucky Attorney General’s office announced it has completed its three year investigation of the 1996 merger of Marathon Petroleum with Ashland Oil.   Kentucky will forward the findings to the U.S. Justice Department.”

The Kentucky price is the green line in the chart above. More from LEX18.com, from WAVE3.com.

Maryland: Attorney General Douglas Gansler said Monday this week that he was “investigating a Rockville gasoline distributor after prices at the pump jumped 25 cents overnight last week.” Gansler noted, “Because Maryland lacks a price-gouging law… his office can do little beyond questioning distributors under consumer protection and antitrust law.” He doesn’t have price control authority, but he wants it:

Gansler said a state probe into gasoline prices could be stronger if Maryland had a tough price-gouging law. Twenty-seven states and the District of Columbia have passed such laws; efforts to pass one in Maryland have failed in recent years.

“It would allow an attorney general to issue subpoenas or issue inquiries to find out whether the price rise was justified or not,” and see what was behind it, he said.

My guess is that Maryland consumers are better off without state politicians having any ability or responsibility for deciding whether price increases are justified or not. (Note that Maryland does use it’s law enforcement powers to force gasoline prices higher when a store seems to be pricing too low.)

The Maryland price is in blue in the chart above. More on Maryland, from WJLA.com.

Elsewhere: In neighboring Washington, DC, “D.C. attorney general investigates gas station mogul” in response to allegations of anticompetitive practices. The DC AG said, “We have received allegations both from consumers and operators of stations that they are required to purchase at prices that are set on an anti-competitive basis…”

In New York, “A.G. Schneiderman Announces Comprehensive Review Of Gas Prices In Western New York.” The news release said:

Prices at the pump have led to an increase in consumer complaints to the Attorney General’s office, and Schneiderman has directed his staff to compile data on the prices charged by gas retailers, as well as information on the chain of distribution, to determine the cause behind the continued increases. Schneiderman cautioned that there may not be wrongdoing behind the price spikes, but said that if there is, he will take all appropriate action.

Another news release the same day said, “Attorney General Eric T. Schneiderman has been selected to serve on the federal Oil and Gas Price Fraud Working Group, joining a national team in monitoring the costs of energy commodities for consumer abuses.”

Elsewhere, price gouging enforcement Hugo Chavez style: “Venezuelan officials and soldiers inspected a warehouse of U.S. agribusiness giant Cargill Inc.  on Wednesday as part of a crackdown on alleged hoarding and price-gouging with foodstuffs. … Chavez over the weekend urged ministers to hunt speculators and said he would have no hesitation in expropriating any companies found guilty.”

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Price gouging interview on the radio

April 17, 2011

Michael Giberson

Last Friday, April 15, 2011, Mark Edge, of the Free Talk Live radio show, interviewed me on price gouging.

Generally speaking, we discuss the recent article on price gouging appearing in Regulation magazine, and we agree that even if price hikes after emergencies are troubling, there just isn’t a better way to manage post-disaster private decisions about appropriate prices for goods and services than letting buyers and sellers work out prices in the usual manner.

The interview starts at about the 2:05:00 mark in the program. The full 2 1/2 hour program:

Juveniles Tried as Adults :: Restitution and Responsibility :: Broken Justice System :: Unfit Movie :: Prison Industrial Complex :: Online Gambling Crackdown :: Smoking Bans :: Silver and Midas :: No Restitution :: Not Paying Income Tax :: Social Security :: Declaring Sovereignty :: Puberty Age Dropping for Females :: Plastic Bottles :: Mark Interviews Michael Giberson.

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A once-stable price now responding to demand changes brings price gouging charge

April 11, 2011

Michael Giberson

A letter to the editor of the South Florida Sun-Sentinel:

The Interstate 95 express lane authority is price gouging! The express lane toll increases dramatically relative to traffic congestion, roadway emergencies and increased demand by motorists. A merchant who increases his prices during a weather emergency and times of increased demand can in some cases be prosecuted for price gouging (Florida Statute 501.160). It is despicable when done by unethical merchants, and even more so when it is done by a government entity. This practice is nothing more than an immoral money grab, and the I-95 authority ought to be held accountable.

Pricing according to consumer demand “nothing more than an immoral money grab”? The response is illustrative of the fact that historical pricing practices acquire a sort of normative value to consumers and deviation from normal can seem unnatural and even, in the view of some consumers, as immoral. (But only when we’re talking price increases. “Unnatural” price decreases don’t rattle a consumer’s moral consciousness much at all. For discussion, see the book linked above.)

For another perspective, here is a blog post by a carpentry contractor ruminating on pricing practices for new and established customers.

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“The Problem with Price Gouging Laws”

March 21, 2011

Michael Giberson

Regulation magazine, Vol. 34, No. 1, Spring 2011

Regulation magazine, Vol. 34, No. 1, Spring 2011

The Spring 2011 issue of Regulation magazine carries my article, “The Problem with Price Gouging Laws.”

One bit:

Economists and policy analysts opposed to price gouging laws have relied on the simple logic of price controls: if you cap price increases during an emergency, you discourage conservation of needed goods at exactly the time they are in high demand. Simultaneously, price caps discourage extraordinary supply efforts that would help bring goods in high demand into the affected area. In a classic case of unintended consequences, the law harms the very people whom lawmakers intend to help. The logic of supply and demand, so clear to economists, has had little effect on price gouging policies.

One of the reasons I’m fascinated by price gouging is that it involves a tight tangle of economics, moralizing, ethics, psychology, law and public policy. Most economists are persuaded by the supply and demand argument. Many non-economists rebel at the idea that merchants should be free to raise prices on goods that are in high demand due to emergencies. Working out good policy in this area presents some interesting challenges.

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Price gouging for potassium iodide pills

March 20, 2011

Michael Giberson

A fool and his money are soon parted. -Thomas Tusser.

Potassium iodide supplies in the United States have run low and the price shoots up. What sold for $10 or $20 dollars a week ago is now priced from $30 to $75 and more. Some cry “price gouging!”

Regulation magazine has just published an article of mine on price gouging policies. Since the Regulation article was finished in January, I didn’t anticipate potassium iodide price gouging in March. My reactions:

Is “price gouging” on potassium iodide in the United States a good thing?

High prices will have the beneficial effect of dissuading some Americans from acquiring and hoarding supplies of a resource that will be better used elsewhere. High prices will have the beneficial effect of prompting some additional production. High prices will have the unfortunate effect of attracting more supplies to the United States when those resources would be better sent elsewhere (i.e. to some of the 3- to 4-billion people living closer than most Americans to the damaged reactors in Japan). Note that Japanese officials are promoting a 12-mile evacuation range around the damaged reactors and the United States is thousands of miles outside the evacuation range.

Of course the appropriate question is “a good thing compared to what”? What is the alternative to allowing suppliers and consumers work out prices in the market? Two alternatives to price gouging are (1) anti-price gouging moralizing and (2) anti-price gouging laws.

Anti-price gouging moralizing discourages useful economic activity because businesses will take steps to avoid being branded a price gouger even when those steps actually make consumers worse off. (I.e. failing to resupply at higher prices and simply running out of stock instead.) Anti-price gouging moralizing also encourages political responses that we’d be better off without, which leads me to the next point:

Would an “anti price gouging law” enforced by federal or state authorities be a good thing?

No. All such a law would have done was minimize the amount of money parted from the fast-acting fools, slower-moving fools would lament their ineptness, less dim-witted fools would not be prompted have second thoughts about hoarding something they didn’t need and no price signal would encourage suppliers to respond.

Note that state laws on price gouging do not apply in this situation, since they typically require an official declaration of emergency, or if not an official declaration, at least some kind of threat of harm to consumers associated with the higher-priced good. There is no related emergency anywhere in the United States.

NOTES: Check out prices on eBay; see related news: Wall Street JournalReuters, Bridgeport, CT News-TimesNBC Bay Area, and many more.

I’ll post more about the Regulation article here in a day or two. Regular readers will have seen much of the raw material for the article discussed earlier onKnowledge Problem (link searches the KP archives for “price gouging”), but there is new material, too.

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