C. Pike Balancing
A situation legislation that will not discriminate against interstate business may still be invalidated beneath the Commerce that is dormant Clause it places an encumbrance on interstate business this is certainly вЂњclearly exorbitant in terms of the putative neighborhood benefits.вЂќ Pike, 397 U.S. at 142, 90 S.Ct. 844. Although proof regarding a specific business may be suggestive, the benefit-to-burden calculation is dependant on the entire advantages and burdens that the statutory supply may produce, maybe not on the advantages and burdens with regards to a certain business or transaction. вЂњ[T]he [Commerce] Clause protects the market that is interstate maybe perhaps maybe not specific interstate companies, 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 legislation for the interest levels charged to Oklahoma residents on interstate credit product product sales by the catalog retailer that is illinois-based. The merchant had no real existence in Oklahoma; all its marketing in the state had been carried out by direct mail. 571 F.2d at 1161.