Price Discrimination Regulations

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​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 Depa​rtment 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.