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Saved by the Gel?

Amidst the coronavirus outbreak, it has become apparent globally that prices at some retailers and online platforms for coronavirus-related products – such as hand sanitiser gel and respiratory masks – have increased sharply.

In France, Minister of the Economy and Finance Bruno Le Maire announced March 4 that the French government suspects that retailers and pharmacists have been taking advantage of consumers stocking up to protect against coronavirus to apply abusive price increases, and it will therefore regulate the price of alcohol-based hand gels.

Le Maire also asked his ministry’s Department of Competition, Consumption and Fraud Repression (DGCCRF) to open an investigation into the sudden surge of prices for alcohol-based hand gels. The DGCCRF can impose fines on businesses of up to 150,000 euros (£103,000) or 5% of a company’s revenue, whichever value is lower.

On March 3, the UK government published its “Coronavirus: action plan,” described as “A guide to what you can expect across the UK,” outlining what the UK as a whole has done – and plans to do – to tackle the coronavirus outbreak.

As yet, the government has given no public indication that it intends to regulate the pricing of coronavirus-related products. However, it is not impossible that it would consider a similar regulation necessary. The government has talked about the possibility of emergency legislation in some areas, and would be likely to see action to stop what could be seen as profiteering as publicly popular. The Competition and Markets Authority also has the power to investigate suspected pricing abuses.

© Copyright 2020 Squire Patton Boggs (US) LLP

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About this Author

Nicola Elam , Manchester, Squire Patton Boggs, EU, UK competition law, EE and Visa
Director

Nicola Elam is a director based in our Manchester office specialising in all aspects of EU and UK competition law. Nicola has previously worked at the European Commission and undertaken client secondments, including to EE and Visa.

The Legal 500 UK has recognized Nicola for providing “great service and quick turnarounds with clear advice.”

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