Boots & Sabers

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2315, 23 Aug 16

WILL Sues Over Minimum Markup Law


The Wisconsin Institute for Law and Liberty is representing the Krist Oil Company in a challenge of the state’s Minimum Markup Law, also known as the Unfair Sales Act, which stops businesses from charging a price less than what they paid for most goods and requires that gas, alcohol, and tobacco products be sold at above cost. Critics of the law claim it violates free market principles by forcing consumers to pay more than the competitive price, while its defenders argue it protects smaller businesses from being priced out by larger competitors.

WILL general counsel Rick Essenberg said the law is based upon an “antiquated economic theory,” and that consumers are already protected by state anti-trust laws. “The notion that consumers are somehow served by paying prices that are higher than they otherwise would have to pay is simply implausible,” Essenberg argued during a call with reporters Tuesday.

Of course, it would save a lot of legal time and expense if the Republicans would get off their duffs and repeal this stupid law. They should have done it years ago.


2315, 23 August 2016


  1. Kevin Scheunemann

    WILL is an excellent organization.

    This law will never be repealed legislatively. Too many entrenched interests on both sides.

  2. Le Roi du Nord

    Odd that Krist would get involved, as they are perhaps the biggest violator of the law as well as being chronic scofflaws. DOJ got them for $45K for short-fills on LP tanks a couple years ago.

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