Unconscionably excessive prices
Compiled text through Jan 15, 2026
Register checked through Jul 29, 2026
Later Register activity found — review the notice before relying on the compiled text.
Dates and status
- Compiling agency
- Department of Law
- Text status
- Westlaw Reviewed Lexical Correction
- Compiled text through
- Jan 15, 2026
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- LAW-06-25-00008-A · Adopted rule · Jan 28, 2026
- Source snapshot
- Jun 6, 2026
The price in a scrutinized sale is unconscionably excessive if there is sufficient evidence of any one of the following:
(a)the amount of the excess in price is unconscionably extreme; or
(b)there is an exercise of unfair leverage or unconscionable means, including but not limited to practices identified in 13 NYCRR § 600.4; or
(c)there is a combination of an unconscionably extreme price and unfair leverage or unconscionable means; or
(d)there is a gross disparity, as defined by 13 NYCRR § 600.7, between the price of the essential product in the scrutinized sale and its pre-disruption price, and the seller does not provide sufficient evidence, as provided in 13 NYCRR § 600.9, that the increase in the amount charged preserves the margin of profit that the defendant received for the same essential product prior to the abnormal disruption of the market or additional costs not within the control of the seller were imposed on the seller for the essential product; or
(e)the amount charged in the scrutinized sale grossly exceeded the price at which the same or similar essential products were readily obtainable in the trade area, and the seller does not provide sufficient evidence, as provided in 13 NYCRR § 600.9, that the increase in the amount charged preserves the margin of profit that the defendant received for the same essential products prior to the abnormal disruption of the market or additional costs not within the control of the seller were imposed on the seller for the essential products; or
(f)if the scrutinized sale is for a new essential product, the amount charged for the new essential product in the scrutinized sale grossly exceeds the trade area price defined in 13 NYCRR. § 600.8(c)(1), and the seller does not rebut this prima facie case with evidence described in 13 NYCRR § 600.8(c)(2).