Plaintiffs, a group of gas stations, filed a lawsuit alleging that defendant violated a Wisconsin state law that prohibits selling gasoline for less than the statutorily defined cost and sought an injunction as well as damages. The defendant argued that it lowered its price to match a competitor’s price, as was allowed by the statute, and the trial court entered summary judgment in favor the defendant. The Seventh Circuit affirmed, finding that the trial court did not err when it entered summary judgment because the defendant engaged in lawful competition as was allowed under state law. The appellate court further concluded that plaintiffs failed to raise a triable issue of fact with respect to the element of causation. (LEE and PRYOR, concurring)
Federal 7th Circuit Court
Civil Court
Summary Judgment