Price Gouging and Dynamic Pricing

Ryan Phair & Phyllis Marcus, Hunton Andrews Kurth


As the need to reach consumers thru online platforms soared with the pandemic, retailers’ dependency on technology-assisted “dynamic pricing” to set prices in response to changes in demand and competition also grew – sometimes resulting in unintended or unforeseen price spikes. Not surprisingly, price gouging litigation – private and public – has ensued. This summary provides a concise primer on the relevant laws and the shape of ongoing price gouging litigation.

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