Unfair Competition

Dairy Trade Practices

Under the law 100.201, Wis. Stats., and ATCP 103, Wis. Admin. Code.:

  • Dairy Product Wholesalers may not discriminate among retailers by offering any payment, discount, special rebate, allowance, merchandise, privilege, contest, service, facility or commission which is not made available to all retailers on a proportionately equal basis.
  • Wholesalers must publish a price list for selected dairy products, and may deviate from the list only to meet a competitor’s bona fide price offer.
  • Sales of equipment for the storage and display of selected dairy products are strictly regulated.

Enforcement of the Dairy Trade Practice Law

Enforcement actions under 100.201, Wis. Stats., are generally prompted by wholesaler complaints regarding actions of competing wholesalers. Compliance with ATCP 103 is established through interviews with witnesses and reviews of wholesalers records such as price lists, sales agreements, accounting system audits and retailer invoices.

Penalties for violations of this law range from agency issued cease and desist orders to court ordered civil forfeitures of $100 to $5,000 per violation. Court actions are generally commenced by the district attorney in the county where the alleged violation occurred. Companies injured by a violation of this law may also sue privately for treble damages.

Dairy Trade Practices Monthly Report and Fee Statement (1 page PDF)

For further information contact the Trade Practices office at 608-224-4992.