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Democratic New York Attorney General Letitia James said her proposal "will bolster our efforts to crack down on price gouging and ensure that large corporations do not take advantage of New Yorkers during difficult times."
Citing the "soaring cost of essentials" that have "pushed hardworking New Yorkers to the brink," Democratic New York Attorney General Letitia James on Thursday proposed rules to strengthen enforcement of the state's anti-price gouging law.
James' office said the new rules would "make it more straightforward to investigate and combat price gouging by setting clear guardrails against price increases during emergencies."
The rules would "clarify that a price increase over 10% during an abnormal market disruption may constitute price gouging."
"When times get tough, New Yorkers can trust that my office will always have their back."
Furthermore, corporations with more than 30% market shares would be prohibited from increasing profit margins during abnormal market disruptions. Limits would be placed on dynamic pricing—when the cost of a good or service varies due to market conditions—and protections would be extended to "vital and necessary" products and services after market disruptions.
"The rules proposed by my office will bolster our efforts to crack down on price gouging and ensure that large corporations do not take advantage of New Yorkers during difficult times," explained James, who last year launched a probe into Big Oil price gouging.
"When times get tough, New Yorkers can trust that my office will always have their back," she added.
\u201cOur proposals include:\n\n- Setting a specific threshold for price increases of essential goods during an emergency.\n\n- Creating guardrails for companies that rely on dynamic pricing.\n\n- Making companies show their costs to justify price increases.\n\nMore:\n\nhttps://t.co/aod7AGtgHU\u201d— NY AG James (@NY AG James) 1677767550
According to the Albany Times Union:
At least 10 states, including New Jersey and California, use the 10% threshold that James' office is proposing as setting the legal threshold for what qualifies as price gouging in New York. Others use higher thresholds, like Pennsylvania at 20%. (New York City has a 10% standard already on the books.)
If adopted, the 10% threshold is intended to provide clarity both from a legal lens and to business owners. It would in effect define the current standard for price gouging, which is "unconscionably excessive." Laws against price gouging in New York began in 1979, which followed a drop in production of oil after the Iranian revolution that then contributed to a spike in oil prices.
Corporations have used the Covid-19 pandemic, Russia's invasion of Ukraine, and inflation as pretexts to price gouge consumers.
"Price increases of necessary items during emergencies are unacceptable and illegal," New York state Sen. Kevin Thomas (D-6) said in a statement. "The responses to certain supply chain and market disruptions during the Covid-19 pandemic by companies made it clear that stronger enforcement of New York's price gouging statute was needed."
\u201cHUGE NEWS from @NewYorkStateAG on new proposed rules to crack down on price gouging and hold accountable big corporations who take advantage of market disruptions & emergencies to jack up prices.\n\nNow onto other states to follow her lead!\u201d— Groundwork Collaborative (@Groundwork Collaborative) 1677770520
Rakeen Mabud, chief economist at the Groundwork Collaborative, applauded James "for protecting consumers and cracking down on the corporations that have been taking advantage of families and small businesses for far too long."
"The proposed rules will directly target big corporations that have been jacking up prices on essential goods to boost their bottom line," Mabud added. "States and policymakers across the country should take note of Attorney General James' proposal and work to protect consumers from exploitative corporate behavior."
Progressives on Monday pointed to remarks by Federal Reserve Vice Chair Lael Brainard acknowledging the role of corporate profiteering in exacerbating inflation to underscore their opposition to interest rate hikes and other monetary tightening that favors Big Business over workers.
"The retail margin for motor vehicles sold at dealerships has increased by more than 180% since February 2020."
While attributing high inflation to the ongoing Covid-19 pandemic and Russia's invasion of Ukraine, Brainard--who was addressing a meeting of the National Association for Business Economics in Chicago--asserted that "there is ample room for margin recompression to help reduce goods inflation" in the retail economy.
"Retail margins have increased 20% since the onset of the pandemic, roughly double the 9% increase in average hourly earnings by employees in that sector," she noted. "In the auto sector, where the real inventory-to-sales ratio is 20% below its pre-pandemic level, the retail margin for motor vehicles sold at dealerships has increased by more than 180% since February 2020, 10 times the rise in average hourly earnings within that sector."
Brainard's nod to what one observer called "the elephant in the room" was secondary to her insistence that monetary tightening in the form of higher interest rates is the best way to tackle inflation.
\u201cUnreported in Brainard's remarks (for at least the 2nd month in a row) is attention to profit margins which for retailers remain more than double the bump in wages and for car dealers are more than 10x. "There is ample room for margin recompression." https://t.co/S3xjNkX3D6\u201d— Andrew Elrod (@Andrew Elrod) 1665424316
"It will take time for the cumulative effect of tighter monetary policy to work through the economy broadly and to bring inflation down," she said. "In light of elevated global economic and financial uncertainty, moving forward deliberately and in a data-dependent manner will enable us to learn how economic activity, employment, and inflation are adjusting to cumulative tightening in order to inform our assessments of the path of the policy rate."
Noting that "the labor market's recovery from the pandemic-induced recession was a historic rebound," the progressive podcast "Pitchfork Economics" warned that "if the Fed keeps pursuing outdated, harmful solutions, they will push us into a longer, deeper recession with consequences that reverberate for years to come."
Meanwhile on Monday, Chicago Federal Reserve President Charles Evans said that the central bank's number one priority is reducing inflation--even if monetary tightening costs people their jobs.
"Ultimately, inflation is the most important thing to get under control. That's job one," Evans argued during an interview on MSNBC. "Price stability sets the stage for stronger growth in the future."
\u201cThe Fed's misguided plan is working: redistributing power from workers back to employers \u2014 and workers of color and those at the lower end of the pay ladder are going to feel it first and hardest.\n\nhttps://t.co/KwJkewFDiT\u201d— Groundwork Collaborative (@Groundwork Collaborative) 1665423702
Members of the Fed's board of governors are widely expected to raise interest rates by 0.75% for the fourth consecutive time when they meet next month.
Last month, a trio of progressive political economists told members of the U.S. House Committee on Oversight and Reform that the most effective way to curb rising prices is to take on the corporate profiteering fueling inflation.
"Even as input costs come down, corporate executives are gleefully reporting how they plan on keeping prices high," one of the economists, Rakeen Mabud of the Groundwork Collaborative, told the lawmakers. "Megacorporations are taking advantage of recent crises to make record profits for themselves and their shareholders."
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Another one of the economists, former U.S. labor secretary and University of California, Berkeley professor Robert Reich, testified that "the inflation we are now experiencing is not due to wage gains; it is due to increases in corporate profits."
"And it's excessive profits, not wages, that need to be controlled," he added.
Reich and others have urged Congress and U.S. President Joe Biden to pass windfall profits tax legislation like the Ending Corporate Greed Act introduced in March by Sens. Bernie Sanders (I-Vt.) and Ed Markey (D-Mass.) in the Senate and Rep. Jamaal Bowman (D-N.Y.) in the House. If passed, the measure would impose a 95% tax on the windfall profits of major corporations.
Federal Reserve Chair Jerome Powell said in a closely watched speech Friday that the U.S. central bank is ready to inflict "pain" on households as it continues to fight inflation, remarks that drew widespread backlash from experts who warned the Fed appears poised to spark a devastating recession and mass layoffs.
"The Fed apparently won't stop raising rates until millions more are unemployed."
Addressing a symposium of financial elites gathered in Jackson Hole, Wyoming, Powell said that "there will very likely be some softening of labor market conditions"--euphemistic phrasing for higher unemployment--as the Fed aggressively jacks up interest rates, slowing demand across the economy by making borrowing more expensive.
"While higher interest rates, slower growth, and softer labor market conditions will bring down inflation, they will also bring some pain to households and businesses," Powell continued.
But the Fed chief argued that such pain would be worth it because "a failure to restore price stability would mean far greater pain."
\u201cFederal Reserve Chair Powell: "While higher interest rates, slower growth and softer labor market conditions will bring down inflation, they will also bring some pain to households and businesses. These are the unfortunate costs of reducing inflation." https://t.co/GtfhIYXjOf\u201d— The Hill (@The Hill) 1661532360
Economist Robert Reich, the former U.S. labor secretary, responded bluntly to Powell's comments: "This is nuts."
"True, inflation is near a four-decade high," Reich wrote in a blog post. "But the Fed's aggressive effort to tame it through steep interest rate hikes--the fastest series of rate hikes since the early 1980s--is raising the risk of recession. If it raises rates again in September by another three-quarters of a point, which seems likely given Powell's remarks today, the risk becomes larger."
"The pain is already being felt across the land," Reich added. "Most Americans aren't getting inflation-adjusted wage increases, which means they're becoming poorer."
"Aggressive rate hikes can't address the root causes of inflation."
Powell's speech was seen by many observers as his most hawkish message yet as the central bank attempts to rein in inflation with a blunt tool that is unlikely to mitigate the causes of price surges in the U.S. and globally, something the Fed chair has openly admitted to lawmakers.
"The Fed's problem remains that constraining demand can't do anything about the primary drivers of inflation--supply chain snarls, the war in Ukraine, and corporate profiteering," tweeted Claire Guzdar of the Groundwork Collaborative. "Our problem remains that the Fed apparently won't stop raising rates until millions more are unemployed."
Rakeen Mabud, Groundwork's chief economist, echoed that message, noting that "aggressive rate hikes can't address the root causes of inflation."
"Mass unemployment is not the path forward to a healthy and inclusive economy," Mabud added. "Let's be clear: aggressive rate hikes aim to bring down prices by increasing unemployment. Fed Chair Powell is ready to throw workers under the bus to save the 'economy.' But we are the economy."
The Fed has thus far shown no indication that it's prepared to change course despite evidence of slowing economic growth, decelerating wage increases, and cooling inflation.
As CNBCreported Friday ahead of Powell's address, the Fed's preferred inflation measure showed that price pressures eased in July, building on better-than-expected Consumer Price Index (CPI) data released earlier this month.
But in his speech Friday, Powell said he and other central bank officials are drawing on lessons learned from high inflation in the 1970s and 1980s, when then-Fed Chair Paul Volcker infamously imposed high interest rates that hurled the economy into recession and sent unemployment soaring.
"The successful Volcker disinflation in the early 1980s followed multiple failed attempts to lower inflation over the previous 15 years," Powell said. "A lengthy period of very restrictive monetary policy was ultimately needed to stem the high inflation and start the process of getting inflation down to the low and stable levels that were the norm until the spring of last year. Our aim is to avoid that outcome by acting with resolve now."
William Spriggs, chief economist at the AFL-CIO, warned in a social media post Friday that Powell's speech is "bad news."
"Two straight quarters of falling GDP, falling real disposable income, falling real wages, falling government expenditures and the Federal Reserve, in the face of these headwinds, continued global supply shocks, and weakened world growth, is seeing ghosts," Spriggs wrote.