Wisconsin. Statutory Language

Wisconsin Statute 54-31

WISCONSIN STATUTE

WISCONSIN ANTITRUST ACT

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133.01

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133.18

§ 133.01. Legislative intent

The intent of this chapter is to safeguard the public against the creation or

perpetuation of monopolies and to foster and encourage competition by prohibiting

unfair and discriminatory business practices which destroy or hamper competition. It

is the intent of the legislature that this chapter be interpreted in a manner which gives

the most liberal construction to achieve the aim of competition. It is the intent of the

legislature to make competition the fundamental economic policy of this state and, to

that end, state regulatory agencies shall regard the public interest as requiring the

preservation and promotion of the maximum level of competition in any regulated

industry consistent with the other public interest goals established by the legislature.

§ 133.02. Definitions

In this chapter:

(1) “Commodity” includes, but is not limited to, goods, merchandise, produce

and any other article of commerce. “Commodity” includes services, except as used in

s. 133.04.

(2) “Knowingly” means that the actor believes that the specified fact exists.

(3) “Person” includes individuals, the state and all its political subdivisions,

all counties, cities, villages, towns, school districts, governmental agencies and

bodies politic and corporate, and all corporations, limited liability companies,

partnerships, associations, companies, firms, joint ventures, joint stock companies,

trusts, business trusts, estates and other legal or commercial entities existing under or

authorized by the laws of this or any other state, the United States or any of its

territories or any foreign country. Nothing in this definition may be construed to

affect labor unions or any other association of laborers organized to promote the

welfare of its members, nor associations or organizations intended to legitimately

promote the interests of trade, commerce or manufacturing in this state, nor

associations, corporate or otherwise, of farmers, gardeners or dairy workers or

owners, including livestock farmers and fruit growers engaged in making collective

sales or marketing for its members or shareholders of farm, orchard or dairy products

produced by its members or shareholders if such activities are exempted under s.

133.07, 133.08 or 133.09 or are otherwise lawful under this chapter.

§ 133.03. Unlawful contracts; conspiracies

(1) Every contract, combination in the form of trust or otherwise, or

conspiracy, in restraint of trade or commerce is illegal. Every person who makes any

contract or engages in any combination or conspiracy in restraint of trade or

Wisconsin Statute 54-32

commerce is guilty of a Class H felony, except that, notwithstanding the maximum

fine specified in s. 939.50(3)(h), the person may be fined not more than $100,000 if a

corporation, or, if any other person may be fined not more than $50,000.

(2) Every person who monopolizes, or attempts to monopolize, or combines

or conspires with any other person or persons to monopolize any part of trade or

commerce is guilty of a Class H felony, except that, notwithstanding the maximum

fine specified in s. 939.50(3)(h), the person may be fined not more than $100,000 if a

corporation, or, if any other person may be fined not more than $50,000.

(3) As an alternative to the criminal penalties for violation of this section, the

department of justice or district attorney may bring an action for a civil forfeiture. In

an action for a civil forfeiture under this subsection a corporation may be required to

forfeit not more than $100,000 and any other person may be required to forfeit not

more than $50,000.

(4) This section does not apply to ambulance service contracted for under

ss. 59.41(1), 60.565, 61.64 and 62.133.

§ 133.04. Price discrimination; intent to destroy competition

(1) No person may discriminate, either directly or indirectly, in price between

different purchasers of commodities of like grade and quality, for the purpose or

intent of injuring or destroying competition in any level of competition or any person

engaged therein.

(2) Any person violating this section may be fined not more than $25,000 or

imprisoned in the county jail for not more than one year or both.

(3) As an alternative to the criminal penalty for violation of this section, the

department of justice or district attorney may bring an action for a civil forfeiture. In

an action for a civil forfeiture under this subsection a person who violates this section

may be required to forfeit not more than $25,000.

(4) The provisions of this section as they relate to the business of insurance

are superseded by the provisions of chs. 611, 613 and 628.

§ 133.05. Secret rebates; unfair trade practices

(1) The secret payment or allowance of rebates, refunds, commissions or

unearned discounts, whether in the form of money or otherwise, or the secret

extension to certain purchasers of special services or privileges not extended to all

purchasers purchasing upon like terms and conditions, such payment, allowance or

extension injuring or tending to injure a competitor or destroying or tending to

destroy competition, is an unfair trade practice and is prohibited.

(2) No person may induce, solicit or receive anything of value which is

prohibited under sub. (1).

(3) Any person knowingly violating this section may be fined not more than

$25,000 or imprisoned in the county jail for not more than one year or both.

(4) As an alternative to the criminal penalty for violation of this section, the

department of justice or district attorney may bring an action for a civil forfeiture. In