WisBusiness: Federal court rules minimum mark-up law unconstitutional

By WisBusiness Staff

A federal judge has ruled the state’s minimum mark-up law on gas is unconstitutional and has ordered the state to stop enforcing the 1930s-era law.

U.S. District Court Judge Rudolph Randa, in a decision dated Wednesday, rules the motor vehicle provisions in the law violated the federal Sherman Act’s prohibition against restraints of trade.

Flying J Inc., a Utah corporation that operates travel plazas in River Falls and Oak Creek, sued the state seeking to overturn the law that mandates a minimum mark-up of 9.18 percent above the average terminal price.

A DOJ spokesman said the agency was reviewing the decision and had not yet decided whether to appeal.