A market-based and synthesised approach to controlling price gouging
by Andy C.M. Chen
International Journal of Private Law (IJPL), Vol. 4, No. 1, 2011

Abstract: This paper compares and evaluates the various controlling mechanisms to price gouging after natural or man-made disasters. Events in Taiwan illustrate how contract principles, anti-gouging laws, and competition laws individually affect post-disaster price hikes. Their advantages and limits are discussed. The study purpose argues in favour of a market-based approach under which competition law is central to government-enforcement efforts. This approach allows the inclusion of the market's self-adjusting force into the review process, which is frequently neglected by the other controlling mechanisms. Furthermore, it also sheds light into how other controlling mechanisms should be implemented. Overall, the market-based approach suggests that both the courts and the regulatory agencies benefit from accommodating the fundamental principles of competition law to maintain the reversibility and flexibility in their decisions.

Online publication date: Sat, 28-Mar-2015

The full text of this article is only available to individual subscribers or to users at subscribing institutions.

 
Existing subscribers:
Go to Inderscience Online Journals to access the Full Text of this article.

Pay per view:
If you are not a subscriber and you just want to read the full contents of this article, buy online access here.

Complimentary Subscribers, Editors or Members of the Editorial Board of the International Journal of Private Law (IJPL):
Login with your Inderscience username and password:

Username:        Password:          Forgotten your password?

Want to subscribe?
A subscription gives you complete access to all articles in the current issue, as well as to all articles in the previous three years (where applicable). See our Orders page to subscribe.

If you still need assistance, please email subs@inderscience.com