C. Pike Balancing
A situation legislation that doesn’t discriminate against interstate business may nevertheless be invalidated underneath the inactive Commerce Clause if it places a weight on interstate business that is вЂњclearly exorbitant in terms of the putative regional advantages.вЂќ Pike, 397 U.S. at 142, 90 S.Ct. 844. Although proof regarding a company that is particular be suggestive, the benefit-to-burden calculation will be based upon the entire advantages and burdens that the statutory provision may produce, instead of the huge benefits and burdens with regards to a specific business or transaction. вЂњ[T]he [Commerce] Clause protects the market that is interstate maybe not specific interstate organizations, from prohibitive or burdensome laws.вЂќ Exxon Corp. v. Governor of Md., 437 U.S. 117, 127-28, 98 S.Ct. 2207, 57 L.Ed.2d 91 (1978); see Pharm. Analysis & Mfrs. of Am. v. Concannon, 249 F.3d 66, 84 (first Cir.).
We used Pike balancing in Aldens, which stressed Oklahoma’s regulation regarding the interest levels charged to Oklahoma residents on interstate credit product product sales by the Illinois-based catalog merchant. The merchant had no real existence in Oklahoma; all its marketing within the state had been carried out by direct mail. 571 F.2d at 1161.