Excessive price increase from the perspective of administrative law

The concepts of "price" and "pricing" are among the fundamental notions studied by modern economic science. The determination of the price of a good or service is a phenomenon dependent on multiple parameters. What qualifies as an "excessive price" can also vary according to time and economic conditions. In modern economic systems, states act in accordance with the principle of public interest by preventing excessive price increases, either through legislation or through regulatory and supervisory institutions. This study first evaluates the concept of excessive pricing by examining its historical trajectory and comparing it with contemporary practices. The responses of the administration to excessive pricing during ordinary and extraordinary periods within the context of Turkish law, including regulations and sanctions, are analyzed to ascertain the place and position of this concept within our legal system. Relevant boards and judicial decisions concerning the matter are systematically reviewed to assess the administration's stance. Although the legislation regulating excessive price increases can generally be examined from the perspective of private law, administrative sanctions have also been foreseen in terms of state intervention, necessitating the examination of the issue within the framework of administrative law. Given that excessive price increases violate the economic public order, they have been incorporated into the Turkish legal system as acts necessitating administrative sanctions. An examination of administrative fines related to excessive pricing practices has been conducted concerning the elements of administrative acts. In the second part of the study, it is noted that legal systems interpret behaviors related to excessive price increases differently. In the United States, the prevailing thought under the free market system is to refrain from intervening in excessive price increases. However, during extraordinary periods, such as natural disasters or crises, excessive price increases concerning basic needs—such as food, shelter, and clothing—essential for individuals to sustain their lives, have been specified in state laws as acts subject to sanctions. In the European Union, excessive pricing is deemed unlawful regardless of whether it occurs during ordinary or extraordinary periods. Excessive pricing is viewed as an area where modern states must intervene to ensure the healthy functioning of their economic systems and to safeguard public interest. Interventions by states, primarily through regulatory and supervisory mechanisms rather than merely as market actors, are likely to foster the establishment of healthier market conditions.