Wis. Gas Markup Law Declared Unconstitutional

Law360, New York (February 13, 2009, 12:00 AM EST) -- A federal judge has thrown out a piece of Depression-era legislation that required all gas stations in Wisconsin to mark up their gas at least 9.18 percent above the wholesale price.

In an opinion issued Wednesday, Judge Rudolph T. Randa of the U.S. District Court for the Eastern District of Wisconsin declared that the motor vehicle fuel provisions of the Wisconsin Unfair Sales Act were unconstitutional, and he therefore enjoined the state from enforcing it.

He said the law violated the Sherman Act’s prohibition against restraints...
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