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ARTICLE · 22 JULY 2020

Introducing A New Product Or Service? Why Price Gouging Laws May Still Apply

Proskauer Rose LLP
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While price gouging is often discussed in the context of existing products, new products and services may be covered as well.

United StatesAntitrust/Competition Law

While price gouging is often discussed in the context of existing products, new products and services may be covered as well. As a result, businesses looking to introduce new products during a price gouging emergency can seek guidance from the relevant price gouging laws before setting a price for their new good or service.

Since not all price gouging regulations cover the same products, a business that plans to bring a new product to market may first want to determine whether that product appears to be subject to their state's price gouging laws. Many price gouging laws only cover essential goods, though definitions of "essential" vary. Since the range of goods and services covered varies widely, and any pricing constraints would only apply to products that are covered. Analyzing the relevant statutes will be instructive.

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