Bureau Home / Trade Practices / Price Discrimination
Prescription Drugs
The Unfair Discrimination in Drug Pricing statute (Wis. Stat. § 100.31) requires that wholesalers treat all purchasers (persons who engage primarily in selling drugs directly to consumers) with all the rights and privileges offered or accorded the most favored purchaser, including purchase prices for similar volume purchases, rebates, free merchandise, samples, and similar trade concessions.
Penalties for violations of the Unfair Discrimination in Drug Pricing include:
- Civil forfeitures of not less than $100 nor more than $10,000 for each offense.
- Any purchaser damaged by violations may sue for treble damages.
Other Regulations
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) administers three industry-specific trade practice regulations that prohibit price discrimination. All three regulations are adopted under the authority of Wis. Stat. § 100.20, "Methods of competition and trade practices.”
Penalties for violating any of the three listed regulations may include agency-issued special orders and court-issued injunctions. In addition, any person suffering pecuniary losses because of a violation of a previously issued agency order or injunction may sue for double damages.
Fermented malt beverages
Chapter ATCP 102, Subchapter I, Wis. Admin. Code, "Fermented Malt Beverages" prohibits brewers from discriminating in price to wholesalers.
Soda water beverages
Chapter ATCP 102, Subchapter II, Wis. Admin. Code, "Soda Water Beverages" regulates transactions between soda bottlers/wholesalers and retail stores, restaurants, or bars. This regulation prohibits:
Discrimination in the price of soda products.
Furnishing, selling, giving, lending, or renting any equipment for the storage, display, or dispensing of soda water beverages, except under certain conditions.
Discrimination in furnishing of advertising, promotional, or other services.
Motor fuel
Chapter ATCP 102, Subchapter III, Wis. Admin. Code, "
Motor Fuel" regulates transactions between suppliers/wholesalers and retail gas stations.