(b) [Evidence of unconscionably] Unconscionably excessive
price.--[It is prima facie evidence that a price is
unconscionably excessive if, during and within 30 days of the
termination of a state of disaster emergency, parties within the
chain of distribution charge a price that exceeds an amount
equal to or in excess of 20% of the average price at which the
same or similar consumer goods or services were obtainable in
the affected area during the last seven days immediately prior
to the declared state of emergency.]
(1) Whether a price is an unconscionably excessive price
is a question of law. The court shall consider all relevant
factors, including whether there is a gross disparity between
the seller's price immediately before the price restriction
under subsection (a) was imposed and the seller's price
following the declaration of a state of disaster emergency
and whether the seller's price substantially exceeds those
prevailing on the date and in the locality in question.
(2) A price is not an unconscionably excessive price if
the price:
(i) is 10% or less above the seller's price
immediately before the price restriction under subsection
(a) was imposed;
(ii) is 10% or less above the sum of the seller's
cost and normal markup for the good or service;
(iii) is consistent with price fluctuations in
applicable commodity, regional, national or international
markets or with seasonal price fluctuations; or
(iv) is a contract price, or the result of a price
formula, including, but not limited to, a price formula
used in connection with the reservation of goods or
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