Price Gouging Weekly Round Up

Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information for our clients and friends.

Businessman Challenges Charges Brought Against Him Under the Defense Production Act

A businessman charged with violating the Defense Production Act last year is challenging the charges brought against him, arguing that there was no way for him to know whether the prices he charged for respirator masks broke the law. According to the man's attorneys, state governments and private buyers were left "to compete for critical medical equipment and supplies in the market" and "offered no guidance on 'prevailing market prices' during the coronavirus pandemic." His attorneys further argued that "[s]ellers are left to guess whether the prevailing market price is the one that existed before the COVID-19 crisis, or whether it reflects the increased