A Unique Resource for Businesses Managing Price Gouging Compliance

The Proskauer on Price Gouging Compendium provides a detailed analysis of price gouging statutes over the 2020 to 2023 pandemic period, covering how price gouging regimes were enforced, how they evolved, how companies complied with them, and the lessons learned. Over the course of the past three years beginning with the onset of the COVID-19 pandemic, our Price Gouging Team authored over 145 articles, resource materials, tables, interactive maps, and other publications to assist businesses in managing their compliance efforts and programs. Our team also successfully litigated many of the highest-profile price gouging cases for our clients, and represented industry groups to submit amicus briefs to state Supreme Courts and to state legislatures. This Compendium provides the guidance and lessons learned based on that experience.

Historically, price gouging laws have been activated only for limited periods of time, following localized emergencies such as storms that interrupt electricity and transportation. Businesses have been able to cope with such compliance issues, particularly because the time periods are typically short, and prosecutions for non-egregious violations have been few. The COVID-19 pandemic dramatically altered the landscape for price gouging compliance. Notably, most states kept their price gouging restrictions “turned on” for two years or more. Such widespread and long-lasting price controls have not occurred in the United States since the Great Depression in the 1930s. In addition, businesses also faced highly active but inconsistent enforcement by the State Attorneys General. Businesses were forced to evaluate litigation risk in dozens of jurisdictions.

The need for compliance has not ended; State AGs are continuing to file new prosecutions arising from prices during the pandemic, made possible due to the extended statutes of limitation for many price gouging restrictions. Going forward, the price gouging statutes have become powerful tools for State AGs; they will be part of the new normal for the legal landscape. Anytime prices appear to spike, calls for investigation or prosecution using the price gouging laws may occur. Businesses will need an effective means to monitor and comply with applicable statutory restrictions on their pricing practices, determine and track whether the various price control laws are active or deactivated, and evaluate the risk for practices that arguably might be swept in by a prosecutor or private plaintiff. 

The Proskauer Price Gouging Team is the leading group in the U.S. focused solely on assisting business in complying with, and defending against, price gouging laws and claims. The Compendium, available in print or online, is intended to be an essential reference for businesses to navigate dozens of price gouging statutes across the United States.


Download Our Proskauer on Price Gouging Compendium


Photo of Christopher E. Ondeck Christopher E. Ondeck

Chris Ondeck is co-chair of the Firm’s Antitrust Group and co-head of the Washington DC office. He represents clients in complex antitrust and consumer protection litigation, defends mergers and acquisitions before the U.S. antitrust agencies, represents companies involved in government investigations, and counsels…

Chris Ondeck is co-chair of the Firm’s Antitrust Group and co-head of the Washington DC office. He represents clients in complex antitrust and consumer protection litigation, defends mergers and acquisitions before the U.S. antitrust agencies, represents companies involved in government investigations, and counsels on antitrust compliance. Chris is also the founder and leader of the firm’s Price Gouging Practice, and is one of the key thought leaders in this space.

Chris handles antitrust matters for clients in a number of industries, including food and agriculture, financial services, media, telecom, technology, e-commerce, consumer products, natural resources, oil and gas, chemicals, and pharmaceuticals.  He also serves as outside counsel to a large number of industry groups, including trade associations and cooperatives.

Chris has been recognized as a leading antitrust practitioner by Chambers, noting that clients describe him as “our primary thought partner – he’s very good at explaining the complex issues and making them easy to understand” and praising “his strong advocacy skills”; by The National Law Review as a “Go To Thought Leader 2020”; by Acritas as a “Star” in multiple years; by Benchmark Litigation as a National Litigation Star 2021; and by The Legal 500 United States for Antitrust: Civil Litigation/Class Actions.

Photo of John R. Ingrassia John R. Ingrassia

John is a partner at the Firm, advising on the full range of foreign investment and antitrust matters across industries, including chemicals, pharmaceutical, medical devices, telecommunications, financial services consumer goods and health care. He is the first call clients make in matters relating…

John is a partner at the Firm, advising on the full range of foreign investment and antitrust matters across industries, including chemicals, pharmaceutical, medical devices, telecommunications, financial services consumer goods and health care. He is the first call clients make in matters relating to competition and antitrust, CFIUS or foreign investment issues.

For more than 25 years, John has counselled businesses facing the most challenging antitrust issues and helped them stay out of the crosshairs — whether its distribution, pricing, channel management, mergers, acquisitions, joint ventures, or price gouging compliance.

John’s practice focuses on the analysis and resolution of CFIUS and antitrust issues related to mergers, acquisitions, and joint ventures, and the analysis and assessment of pre-merger CFIUS and HSR notification requirements. He advises clients on issues related to CFIUS national security reviews, and on CFIUS submissions when non-U.S. buyers seek to acquire U.S. businesses that have national security sensitivities.  He also regularly advises clients on international antitrust issues arising in proposed acquisitions and joint ventures, including reportability under the EC Merger Regulation and numerous other foreign merger control regimes.

His knowledge, reputation and extensive experience with the legal, practical, and technical requirements of merger clearance make him a recognized authority on Hart-Scott-Rodino antitrust merger review. John is regularly invited to participate in Federal Trade Commission and bar association meetings and takes on the issues of the day.