Uncertainty in U.S. Price-Gouging Law Compliance and Defense

Allegations of price gouging are ubiquitous in the wake of the COVID-19 pandemic. Since the late 1970s, 40 U.S. states have enacted price-gouging laws that restrict price increases during states of emergency. COVID-19 presents the longest and largest state of emergency triggering these laws. These laws are far from uniform across the states, and many consist of vague standards, resulting in significant uncertainty for sellers looking to comply with them. Nationwide sellers face legal and practic