Price Gouging and Excess Profits

Should price gouging be a felony? Should it be a crimeIn other words, the full cost of doing business.
for someone to take advantage of market conditionsMany people think businesses earn as much as 50%
and make too much profit? How can the governmentor 60% of the prices their products or services sell for.
let big corporations and rich industrialists get away withIn fact, they may end up keeping as little as one or
making so much money simply because they are in atwo percent of their revenue or sales, as in the case
position to control the supply and manipulate prices?of supermarkets, or it may be five to ten percent, as
It’s not fair. What about the little guy?with restaurants. The oil companies, which are
“There ought to be a law” is an old cliché. So,currently being castigated by just about everyone,
why not prevent “price gouging” andmanage to keep (net) only “8.3 cents per dollar of
“excess profits” by passing laws to regulatesales. Beverage companies and cigarette makers, by
everything involved in producing and delivering all goodscontrast, earned 19.1 cents. Drug makers, 18.4 cents.
and services?Indeed, all manufacturers, 8.9 cents on average, made
Unfortunately, there is one small problem: definingmore than ‘Big Oil.’” (“Profits of
“price gouging” and “excess profits.”Doom,” IBDeditorials, May 1, 2008).
So, what are they? You tell me. I haven’t a clue,What about those individuals who make substantial
and I’m a retired CPA.profits on investments in public companies, starting their
Should “profit” be determined solely on the basisown businesses, or real estate? Many people invested
of markup? Just how much should businesses bein IBM, Microsoft, Berkshire Hathaway, Yahoo!, Cisco
allowed to mark up the cost of their raw materials andand other enterprises that ultimately became hugely
or labor? Do we need a law against prices that doublesuccessful, making them rich in the process. Should
the cost, or more, such as cosmetics, drugs, groceries,they also be subject to “excess profits” taxes?
restaurants, dry cleaners, actually just about anything?Or, what about those homeowners whose properties
Seems simple, doesn’t it? But, just how should costincreased in value by 500% or 1,000%, or more. Are
be figured? Does it include labor and materials plus allthose “excess profits” that should be taxed to
the other expenses of running a business? That is,prevent people from taking advantage of market
literally everything and anything that’s necessary toconditions?
run an enterprise. How about the salaries of theWe repeatedly hear politicians complain about how
owners or executives who manage businesses?much money various businesses make, such as the oil
Should they be considered part of the cost of doingcompanies, drug manufacturers, hospitals and doctors,
business?Wal-Mart, just about any company or industry that
Is it even possible to create legislation that regulatesgarners public attention.
literally everything involved in the process? And, whatBut, who would determine the amount of profit that is
about the cost of implementing such laws: defining,too much? Would some board, commission or agency
regulating and policing them?decide how much businesses should be paying for the
A commentary that circulated on the Internetraw materials they use in manufacturing or what they
highlighted huge markups that drug manufacturersshould be spending on advertising or perhaps the
make on the active ingredients in their products. At firstwages they should be paying, or how much their rent
glance, the raw data is quite shocking.should be, or what they should pay for any product or
Here are some examples of the spread between theservice they use, or how much they should be allowed
selling prices of some popular drugs and the cost ofto mark up their costs?
the active ingredients used in manufacturing them:The entire process is a “slippery slope,”
Celebrex - 21,712%; Claritin - 30,306%; Lipitor –guaranteed to become a nightmare of rules and
4,696%; Prevacid – 34,136%; and Prilosec –regulations, much like the tax code.
69,417%. If anything ever seemed excessive, markupsTo those who may think they know how to create
of this order certainly seem to qualify, don’t’and implement legislation that can make price gouging
they?illegal or tax “excess or windfall profits” without
However, the problem with this type of information isdestroying the incentive to produce, good luck! I
that it omits the other numbers that are needed toconfess, it’s above my pay grade.
make a judgment, that is, all the costs of© 2008 Harris R.
manufacturing, distributing and marketing the products.