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South African competition policy on excessive pricing and its relation to price gouging during the COVID‐19 disaster period

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  • Willem H. Boshoff

Abstract

The declaration of a state of national disaster in South Africa, due to the COVID‐19 pandemic, was followed by excessive‐pricing regulations pertaining to certain consumer and medical products and services. The regulations and their application suggest an intertemporal benchmark to judge excessive pricing, deviating from previous practice. Intertemporal comparisons assume a structural shift during COVID‐19 that changes competitive conditions, related to changes in consumer behaviour. Such comparisons must also account for demand and cost changes. While the COVID‐19 regulations allow for cost‐based price increases, demand‐based increases are not explicitly accounted for, suggesting that the regulations are framed more generally as price‐gouging regulations. The differences between price‐gouging and excessive‐pricing benchmarks depends on the type of disaster‐period demand shock. They are similar following a transitory demand spike, provided sufficient time is allowed for dynamic price behaviour, but differ markedly when demand is elevated for the duration of the disaster period. Applying simple cost‐based comparisons in recently concluded cases against smaller retailers are consistent with excessive pricing, given the presence of a demand spike. To the extent that these involve persistently higher demand, cases against wholesalers and larger retailers will be more complicated, as such demand must be reflected in competitive prices.

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  • Willem H. Boshoff, 2021. "South African competition policy on excessive pricing and its relation to price gouging during the COVID‐19 disaster period," South African Journal of Economics, Economic Society of South Africa, vol. 89(1), pages 112-140, March.
    • Handle: RePEc:bla:sajeco:v:89:y:2021:i:1:p:112-140
    DOI: 10.1111/saje.12268
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    1. Hariprasad Govinda & Junior Khumalo & Siphamandla Mkhwanazi, 2016. "Estimating the Benefits of Anti-cartel Interventions: The Case of the South African Cement Cartel," International Law and Economics, in: Frederic Jenny & Yannis Katsoulacos (ed.), Competition Law Enforcement in the BRICS and in Developing Countries, pages 309-336, Springer.
    2. Frederic Jenny & Yannis Katsoulacos (ed.), 2016. "Competition Law Enforcement in the BRICS and in Developing Countries," International Law and Economics, Springer, number 978-3-319-30948-4, October.
    3. Pinar Akman & Luke Garrod, 2011. "When Are Excessive Prices Unfair?," Journal of Competition Law and Economics, Oxford University Press, vol. 7(2), pages 403-426.
    4. Frederic Jenny, 2018. "Abuse of Dominance by Firms Charging Excessive or Unfair Prices: An Assessment," International Law and Economics, in: Yannis Katsoulacos & Frédéric Jenny (ed.), Excessive Pricing and Competition Law Enforcement, pages 5-70, Springer.
    5. James F. Nieberding, 2006. "Estimating overcharges in antitrust cases using a reduced-form approach: Methods and issues," Journal of Applied Economics, Universidad del CEMA, vol. 9, pages 361-380, November.
    6. Liberty Mncube & Mfundo Ngobese, 2018. "Working Out the Standards for Excessive Pricing in South Africa," International Law and Economics, in: Yannis Katsoulacos & Frédéric Jenny (ed.), Excessive Pricing and Competition Law Enforcement, pages 159-172, Springer.
    7. Simon Roberts, 2008. "Assessing Excessive Pricing: The Case Of Flat Steel In South Africa," Journal of Competition Law and Economics, Oxford University Press, vol. 4(3), pages 871-891.
    8. Willem H. Boshoff & Rossouw van Jaarsveld, 2019. "Recurrent Collusion: Cartel Episodes and Overcharges in the South African Cement Market," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 54(2), pages 353-380, March.
    9. James F. Nieberding, 2006. "Estimating Overcharges in Antitrust Cases Using a Reduced-Form Approach: Methods and Issues," Journal of Applied Economics, Taylor & Francis Journals, vol. 9(2), pages 361-380, November.
    10. David Gilo, 2018. "A Coherent Approach to the Antitrust Prohibition of Excessive Pricing by Dominant Firms," International Law and Economics, in: Yannis Katsoulacos & Frédéric Jenny (ed.), Excessive Pricing and Competition Law Enforcement, pages 99-126, Springer.
    11. Willem H. Boshoff, 2015. "Illegal Cartel Overcharges in Markets with a Legal Cartel History: Bitumen Prices in South Africa," South African Journal of Economics, Economic Society of South Africa, vol. 83(2), pages 220-239, June.
    12. Claudio Calcagno & Mike Walker, 2010. "Excessive Pricing: Towards Clarity And Economic Coherence," Journal of Competition Law and Economics, Oxford University Press, vol. 6(4), pages 891-910.
    13. Maccini, Louis J, 1978. "The Impact of Demand and Price Expectations on the Behavior of Prices," American Economic Review, American Economic Association, vol. 68(1), pages 134-145, March.
    14. Yannis Katsoulacos & Frédéric Jenny (ed.), 2018. "Excessive Pricing and Competition Law Enforcement," International Law and Economics, Springer, number 978-3-319-92831-9, October.
    15. Gilo, David & Spiegel, Yossi, 2018. "The antitrust prohibition of excessive pricing," International Journal of Industrial Organization, Elsevier, vol. 61(C), pages 503-541.
    16. W. David Montgomery & Robert A. Baron & Mary K. Weisskopf, 2007. "Potential Effects Of Proposed Price Gouging Legislation On The Cost And Severity Of Gasoline Supply Interruptions," Journal of Competition Law and Economics, Oxford University Press, vol. 3(3), pages 357-397.
    17. Liberty Mncube, 2014. "The South African Wheat Flour Cartel: Overcharges at the Mill," Journal of Industry, Competition and Trade, Springer, vol. 14(4), pages 487-509, December.
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    1. Rik Chakraborti & Gavin Roberts, 2023. "How price-gouging regulation undermined COVID-19 mitigation: county-level evidence of unintended consequences," Public Choice, Springer, vol. 196(1), pages 51-83, July.

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