C. Pike Balancing
Circumstances legislation that doesn't discriminate against interstate business may be invalidated beneath the inactive Commerce Clause if it sets an encumbrance 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 specific business may be suggestive, the benefit-to-burden calculation is dependent on the entire advantages and burdens that the statutory supply may produce, instead of the huge benefits and burdens with regards to a specific business or deal. вЂњ[T]he [Commerce] Clause protects the market that is interstate perhaps maybe not specific interstate businesses, 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 (1st 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.