ANALYSIS: A Federal Price-Gouging Law Is Likely an Uphill Fight

Vice President Kamala Harris has been talking about a federal price-gouging statute on the campaign trail. It’s a good reason to revisit what’s happened since the Covid-19 crisis with state and federal law on price gouging in order to better appreciate what a new federal statute should look like and what it might add to the enforcement landscape.

In theory, a federal price-gouging law could plug some holes in current consumer protections, which presently fall mostly to the states. There’s probably a place for that, and it would likely be good for business—provided it’s done right. Whether such a law ...