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Bilal Sayyed's avatar

I don't think FTC Chairman Andrew Ferguson said anything inconsistent with the likely and rational effects of tariffs; price-fixing is not "price-gouging"; the antitrust laws prohibit "naked" agreements among competitors to raise price. (Naked agreements are, basically, agreements that do not have some efficiency justification (a pro-competitive efficiency justification.) I do not think he said a unilateral decision by a firm to raise price in response to the new tariffs was illegal / inconsistent with antitrust law. Saying tariffs are not an excuse for price-fixing is basically a statement of the law.

Its not uncommon for FTC leadership (or Antitrust Division leadership) (or State Attorneys General) to say that some supply shock (e.g. hurricane) should not trigger unilateral or collective price-gouging; that's indicative of non-economic thinking.

Supply shocks caused by hurricanes are not an excuse for price-fixing. So-called price-gouging is a response to allocation of scarce resources and a signal for assets to be shifted to the affected market(s). Someone might consider it immoral - and prefer that resources are allocated through ability to stand in line for long periods of time (for example) and accept that supply responses are slower.

I think Ferguson was saying something true, if some non-responsive to the complaints of the effects of tariffs.

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