Schuette Warns Gas Stations Against GougingContact: Joy Yearout 517-373-8060
June 11, 2013
LANSING - As Michigan drivers deal with a spike in gas prices, Michigan Attorney General Bill Schuette today warned retailers against any attempt to take advantage of consumers by price gouging or price fixing.
"Michigan consumers are struggling with rising costs just as summer vacations are getting underway, making it hard on family budgets," said Schuette. "We will not tolerate unscrupulous behavior that violates Michigan law when it comes to gouging and price fixing. Gas retailers are warned: we are watching and will not hesitate to take action if you hurt consumers and break Michigan law."
Every day, year-around, the Michigan Attorney General's Office's professional legal team monitors the balance of wholesale and retail prices and profit margins in regions around Michigan. Additionally, the office takes in complaints about individual stations directly into its Consumer Protection Division. The office investigates any time there is evidence that state law has been violated for gouging or price fixing.
Under the Michigan Consumer Protection Act, a retailer may not charge a price that is "grossly in excess of the price at which similar property or services are sold." Anti-trust laws also prohibit gas stations from entering into agreements to arbitrarily fix prices in unison.
For example, a little over a year ago, Schuette secured convictions for gasoline price-fixing by five Michigan station owners. The Department has also entered into "compliance-agreements" with stations requiring them to submit to monitoring after they spiked prices well above the state-wide norm on a particular day or after a weather event.
Schuette is committed to continuing to fight against higher gasoline prices in court when the price increases violate the law. If consumers become aware of direct evidence of a conspiracy between companies, or have verifiable evidence of a retailer charging a price "grossly in excess of the price at which similar property or services are sold," they are encouraged to contact the Attorney General's Consumer Protection Division at 1-877-765-8388 or file an online complaint at www.michigan.gov/ag.
For more information on gas prices in Michigan see Attorney General Schuette's Consumer Alert: Increased Gas Prices? Again? at http://1.usa.gov/TkNdls.
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CONSUMER ALERT: GAS PRICES
The Attorney General provides Consumer Alerts to inform the public of unfair, misleading, or deceptive business practices, and to provide information and guidance on other issues of concern. Consumer Alerts are not legal advice, legal authority, or a binding legal opinion from the Department of Attorney General.
Increased Gas Prices? Again?
The Attorney General's office constantly monitors gas prices to protect consumers from price fixing and price gouging. Over the last few years, gasoline prices in the State of Michigan have fluctuated dramatically, and the Attorney General has taken action when circumstances warrant action.
The Attorney General's Office, in September 2005 and 2008, initiated its own investigation into post-Katrina and Ike gas prices. Attorney General investigators reviewed thousands of pricing and cost documents from retail gas stations in order to protect Michigan consumers from price gouging and price fixing by retail gas stations. In June 2009 the Attorney General's Office entered into compliance agreements with 11 Michigan gas stations due to allegations of price gouging which followed Hurricane Ike's 2008 landfall near major domestic oil processing facilities in Texas. Those agreements prevented price gouging in the future and in some cases required payment of fines equal to profits gained as a result of the station's price gouging during Hurricane Ike.
Currently, consumers are asking questions about the increasing gas prices. This consumer alert addresses commonly asked questions and discusses the role of the Michigan Department of Attorney General in investigating gas-pricing issues.
Question: When the price of gasoline increases dramatically, who is it that benefits from the price increases?
Answer: The Attorney General's Office daily reviews retail profit margins and actual cost of providing gasoline products to the consumer throughout the State of Michigan. Historically, gas retailers (i.e. corner gas station owners) have not appeared to profit from high prices. Instead, high profits have been extracted by refiners and producers farther up the supply chain.
Question: Why do gas prices keep fluctuating?
Answer: Many factors play a role in the cost of a gallon of gasoline, including the cost of crude oil, refinery processing, transportation, distribution, marketing, operating expenses, retail station operations, and taxes. The prices we pay at the pump reflect these costs, as well as the profits (or losses) of refiners, marketers, distributors, and retail station owners. Other factors that have also historically affected gas prices include: (1) increasing demand, (2) a historical drop in U.S. refinery capacity, (3) a downward trend in how much gasoline is held in inventory, and (4) regulatory factors. At times, we've seen record high prices for crude oil. Some analysts have attributed this spike to a number of additional factors, including current economic conditions here in the United States and unrest in the Middle East.
All told, there are numerous factors that affect both the general upward trend in gasoline prices and the daily fluctuations we experience. Efforts to monitor these factors continue in this office. Additionally, given the national scope of this issue and its impact on the U.S. economy, the various federal agencies that have oversight and enforcement authority in this area, as well as your representatives in Congress, continue to watch the issue closely and formulate responses. For example, Congress enacted the Energy Independence and Security Act, which gave the Federal Trade Commission new authority to police market manipulation in the petroleum industry. This is one of many steps that have been undertaken to monitor these markets and prevent unwarranted high prices. However, as experience has demonstrated, there are always a myriad of factors that contribute to the price we pay for gasoline.
Question: What can the Attorney General's Office do to promote price competition in the gasoline industry and protect consumers?
Answer: Attorney General Schuette is concerned about the effect that high gas prices in Michigan have on the consumer, the State's tourism industry, and the overall health of the state economy. The Attorney General believes that the key to protecting consumers in Michigan is the promotion of healthy, vigorous competition among as many different petroleum refiners, marketers, and retailers as possible. To protect competition in the marketplace, the Attorney General can take action under various antitrust laws.
The Attorney General may also file suit against retailers for "price gouging." Under the Consumer Protection Act, a retailer may not charge a price that is "grossly in excess of the price at which similar property or services are sold." The Attorney General's office monitors gas prices daily and immediately investigates price-gouging claims. Since 2003, frequent daily price swings of 30 - 40 cents per gallon have been common due to international events, natural disasters, industrial accidents at refineries, and other causes.
Question: What if all of the gas stations in a certain geographic area raise their prices by the exact same amount on the same day? Isn't this price fixing?
Answer: Retailers are free to independently determine what they should charge for gasoline. Retailers in similar geographic areas often price match, therefore, the cost of gasoline appears to rise or fall at the same time. If they explicitly agree together to raise or lower prices, such an agreement is illegal under state and federal antitrust law. However, numerous court decisions have held that gas station retailers may respond to the price changes of other retailers by unilaterally "matching" their price changes. Without proof of an actual, explicit agreement, the fact that stations match each other's price increases is not illegal.
Question: What should I do if I feel there has been price fixing or gas gouging?
Answer: Attorney General Schuette remains committed to fighting higher gasoline prices in court when those price increases violate the law. If you become aware of direct evidence of a conspiracy between companies, or have verifiable evidence of a retailer charging a price "grossly in excess of the price at which similar property or services are sold," please contact the Attorney General's Consumer Protection Division:
Consumer Protection Division
P.O. Box 30213
Lansing, MI 48909
Toll-free within Michigan: 1-877-765-8388
www.michigan.gov/ag (online complaint form)