Last Wednesday night Kamala Harris offered some proposals to fight price gouging. They've gotten pretty bad reviews in the press, so I was curious to read what she actually said. Not paraphrases from reporters or speculation about what she "probably" meant from columnists. Just what she actually said.
That turned out to be surprisingly hard! Her campaign released a statement, but it's nowhere to be found. However, I finally tracked down a reporter who, I think, reprinted the whole thing. Here it is:
Vice President Harris and Gov. Walz will work to enact a plan in their first 100 days to go after bad actors to bring down Americans’ grocery costs and keep inflation in check. They will work with Congress to:
- Advance the first-ever federal ban on price gouging on food and groceries.
- Set clear rules of the road to make clear that big corporations can’t unfairly exploit consumers to run up excessive profits on food and groceries.
- Secure new authority for the FTC and state attorneys general to investigate and impose strict new penalties on companies that break the rules.
Extreme consolidation in the food industry has led to higher prices that account for a large part of higher grocery bills. To confront this issue, Vice President Harris will also direct her administration to crack down on unfair mergers and acquisitions that give big food corporations the power to jack up food and grocery prices and undermine the competition that allows all businesses to thrive while keeping prices low for consumers.
And her plan will support smaller businesses, like grocery stores, meat processors, farmers, and ranchers, so those industries can become more competitive.
As many people have commented, there's not much detail here. Basically, she'll task the FTC with investigating companies that "break the rules," but there's no explanation of what rules she has in mind. Her only firm proposal is to "crack down" on unfair mergers, which just means getting aggressive on antitrust and price fixing, which is already illegal.
Here's what she added in a speech she gave on Friday:
I will work to pass the first-ever federal ban on price gouging on food. My plan will include new penalties for opportunistic companies that exploit crises and break the rules, and we will support smaller food businesses that are trying to play by the rules and get ahead.
We will help the food industry become more competitive, because I believe competition is the lifeblood of our economy. More competition means lower prices for you and your families.
There's a little more here: the penalties are for companies that break the rules during crises. Our best guess about what this means comes from her own past:
In 2020, when Harris was a U.S. senator, she co-sponsored legislation that would have defined price gouging in an emergency as charging more than 10 percent above the previous average price. The bill built in a defense for sellers that could show price hikes flowed from their own rising costs. The proposal was modeled after California's anti-price gouging law, which Harris warned businesses against violating when she was the state's attorney general.
Most states already have laws very similar to this, so it's unclear how much difference a federal law would make. That said, the evidence suggests Harris wants two things:
- A federal law similar to existing state laws that prohibits sudden, unjustified price hikes during emergencies (floods, hurricanes, pandemics, etc.).
- More aggressive enforcement of price-fixing and antitrust regulations.
There's nothing about price controls here, and not even much suggestion of anti-gouging action outside of natural disasters (and even then, only if it's gratuitous gouging, not price hikes due to higher wholesale costs). This may or may not be a good idea, bit it's surprisingly modest given the ruckus it produced in the press.