CHAPTER 133
TRUSTS AND MONOPOLIES
133.01 Legislative intent.
133.03 Unlawful contracts; conspiracies.
133.04 Price discrimination; intent to destroy competition.
133.05 Secret rebates; unfair trade practices.
133.06 Interlocking directorates.
133.07 Certain organizations and activities not forbidden.
133.08 Working people may organize; injunction not to restrain certain acts.
133.09 Collective bargaining.
133.10 Examination of adverse party.
133.11 Investigatory proceeding.
133.12 Domestic and foreign corporations and limited liability companies; cancellation of charters or certificates of authority for restraining trade; affidavit.
133.14 Illegal contracts void; recovery.
133.15 No privilege from self-accusation.
133.16 Injunction; pleading; practice.
133.18 Treble damages; statute of limitations.
133.01
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.
133.01 History
History: 1979 c. 209.
133.01 Annotation
Where defendant's actions were exempt from federal antitrust laws, such labor law exemption also shields defendant from state antitrust laws. Suburban Beverages v. Pabst Brewing, 462 F Supp. 1301 (1978).
133.01 Annotation
Spotting unreasonable restraints of trade without difficulty. Hansen, WBB June 1982.
133.02
133.02
Definitions. In this chapter:
133.02(1)
(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.
133.02(2)
(2) "Knowingly" means that the actor believes that the specified fact exists.
133.02(3)
(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.
133.02 History
History: 1979 c. 209;
1993 a. 112.
133.03
133.03
Unlawful contracts; conspiracies. 133.03(1)
(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 commerce may be fined not more than $100,000 if a corporation, or, if any other person, $50,000, or be imprisoned for not more than 5 years, or both.
133.03(2)
(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 may be fined not more than $100,000 if a corporation, or, if any other person, $50,000, or be imprisoned for not more than 5 years, or both.
133.03(3)
(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.
133.03 Annotation
See note to 801.50, citing State ex rel. Nordell v. Kinney, 62 W (2d) 558, 215 NW (2d) 405.
133.03 Annotation
"Rule of reason" and "illegal per se" rules discussed. Grams v. Boss, 97 W (2d) 332, 294 NW (2d) 473 (1980).
133.03 Annotation
Only unreasonable restraints on trade are prohibited. Independent Milk Producers Coop. v. Stoffel, 102 W (2d) 1, 298 NW (2d) 102 (Ct. App. 1980).
133.03 Annotation
See note to art. XI, sec. 3, citing Town of Hallie v. City of Chippewa Falls, 105 W (2d) 533, 314 NW (2d) 321 (1982).
133.03 Annotation
Antitrust law demonstrates legislature's intent to subordinate city's home-rule authority to its provisions; unless legislation at least impliedly authorizes city's anticompetitive action, city has violated antitrust law. Amer. Med. Transp. v. Curtis-Universal, 154 W (2d) 135, 452 NW (2d) 575 (1990).
133.04
133.04
Price discrimination; intent to destroy competition. 133.04(1)(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.
133.04(2)
(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.
133.04(3)
(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.
133.04(4)
(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.
133.04 Annotation
Civil violations of this section must be proved to a reasonable certainty by the greater weight of the credible evidence. Carlson & Erickson v. Lampert Yards, 190 W (2d) 651, 529 NW (2d) 905 (Ct. App. 1995).
133.04 Annotation
Promotional price cutting and section 2 (a) of the Robinson-Patman Act. Gifford. 1976 WLR 1045.
133.05
133.05
Secret rebates; unfair trade practices. 133.05(1)
(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.
133.05(2)
(2) No person may induce, solicit or receive anything of value which is prohibited under
sub. (1).
133.05(3)
(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.
133.05(4)
(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 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.
133.05(5)
(5) This section does not apply to the insurance business.
133.05 History
History: 1979 c. 209;
1983 a. 215.
133.05 Annotation
Competitive injury is required element under this section, but intent to injure is not. OB-GYN Assoc. of Neenah v. Landig, 129 W (2d) 362, 384 NW (2d) 719 (Ct. App. 1986).
133.05 Annotation
Violation of (1) occurs when a discount, both secret and unearned, tends to injure or injures competition. "Earned" discount defined. Jauquet Lumber v. Kolbe & Kolbe Millwork, 164 W (2d) 689, 476 NW (2d) 305 (Ct. App. 1991).
133.05 Annotation
This section is not unconstitutionally vague. Knowledge is an element of a violation of sub. (2). Carlson & Erickson v. Lampert Yards, 183 W (2d) 220, 515 NW (2d) 305 (Ct. App. 1994).
