Unfair Competition

Other Prohibited Trade Practices

The Trade Practices Section administers three industry-specific trade practice regulations:

  • Chapter ATCP 102, Subchapter I, Wis. Adm. Code, “Fermented Malt Beverages” prohibits brewers from discriminating in price to wholesalers.
  • Chapter ATCP 102, Subchapter III, Wis. Adm. Code, “Motor Fuel” prohibits suppliers and wholesalers of motor vehicle fuel from discriminating in price to their consumers.
  • Chapter ATCP 104, Wis. Adm. Code, “Leaf Tobacco, Buying and Selling” prohibits collusion and price fixing among buyers of leaf tobacco. It also prohibits growers and sellers of leaf tobacco from accepting secret bonuses or rebates which affect the final selling price of the leaf tobacco.

All three regulations are adopted under the authority of s. 100.20, Wis. Statutes, “Methods of competition and trade practices," otherwise known as the state’s “Little FTC Act.”

Penalties for violating any of the three listed regulations include agency issued cease and desist order and court issued injunctions. In addition, any person suffering pecuniary losses because of a violation of a previously issued injunction or cease and desist order may sue for double damages.

Enforcement Activities

Enforcement actions are generally prompted by complaints regarding the actions of competitors. Compliance with the law is established through interviews with witnesses and reviews of wholesaler records such as price lists, sales agreements, accounting system audits and retail invoices.

For additional information, please contact the bureau of trade practices a (608) 224-4992 o 224-4925.

For further information please contact the Trade Practices staff at (608) 224-4925 or (608) 224-4989 or (608) 224-4992.