Seventh Circuit Upholds Wisconsin Minimum Gas Pricing Regulation

The Seventh Circuit overturned an injunction prohibiting Wisconsin from enforcing its minimum gas pricing regulations and remanded with instruction to enter judgment for the state.  The plaintiff, Flying J, alleged that the minimum pricing scheme led to a horizontal cartel among gas retailers to raise the price of gas.  The trial court sided with Flying J, chastising the state for failing to respond to allegations that the regulations led to increased prices.  But the Seventh Circuit reversed on the ground that the state is ultimately responsible for the minimum price that private parties merely enforce.  The plaintiff failed to provide evidence of actual collusion among gas retailers.

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