Section 133.04. Price discrimination; intent to destroy competition.

 

(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.

(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.

(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.

(4)  The provisions of this section as they relate to the business of insurance are superseded by the provisions of chs. 611 , 613 and 628 .

1979 c. 209 ; 1979 c. 355 ss. 131 , 132 ; 1983 a. 215 s. 17 . Civil violations of this section must meet the ordinary civil burden of proof. Carlson & Erickson v. Lampert Yards, 190 Wis. 2d 650 , 529 N.W.2d 905 (1995). Promotional price cutting and section 2 (a) of the Robinson-Patman Act. Gifford. 1976 WLR 1045.