Chapter ATCP 102

PRICE DISCRIMINATION AND RELATED PRACTICES

Subchapter I — Fermented Malt Beverages

ATCP 102.01   Definitions.

ATCP 102.02   Prohibited trade practices.

ATCP 102.03   Report requirements.

Subchapter II — Soda Water Beverages

ATCP 102.11   Definitions.

ATCP 102.12   Prohibited trade practices.

ATCP 102.13   Prohibited acts of retailers.

ATCP 102.14   Prohibited acts of brokers.

ATCP 102.15   Exceptions.

ATCP 102.16   Reporting requirements.

Subchapter III — Motor Fuel

ATCP 102.21   Definitions.

ATCP 102.22   Discrimination.

ATCP 102.23   Coercion.

Ch. ATCP 102 Note Note: This chapter is adopted under authority of s. 100.20 (2), Stats., and is administered by the Wisconsin department of agriculture, trade and consumer protection. Violations of this chapter may be prosecuted under s. 100.26 (3) or (6), Stats. A person who suffers a monetary loss because of a violation of this chapter may sue the violator directly under s. 100.20 (5), Stats., and may recover twice the amount of the loss together with costs and reasonable attorneys’ fees.

Ch. ATCP 102 Note See also s. 133.04, Stats. (price discrimination; intent to destroy competition); s. 100.201, Stats., and ch. ATCP 103 (dairy trade practices); s. 100.22, Stats. (price discrimination in milk procurement); and s. 100.31, Stats. (drug price discrimination).

subch. I of ch. ATCP 102 Subchapter I — Fermented Malt Beverages

ATCP 102.01 ATCP 102.01 Definitions. In this subchapter:

ATCP 102.01(1) (1) “Brewer” means a person, firm or corporation engaged in the sale of beer to wholesalers licensed to sell beer to retailers under the provisions of s. 125.28, Stats.

ATCP 102.01(2) (2) “Wholesaler” means a person, firm, or corporation engaged in the sale of fermented malt beverages for resale.

ATCP 102.01(3) (3) “Fermented malt beverages” means any liquor or liquid capable of being used for beverage purposes, made by the alcoholic fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar containing one-half of one percent or more of alcohol by volume.

ATCP 102.01 History History: Cr. Register, August, 1968, No. 152, eff. 9-1-68; am. (1), Register, July, 1969, No. 163, eff. 8-1-69; renum. from ATCP 106.01, Register, February, 1996, No. 482, eff. 3-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1999, No. 521.

ATCP 102.02 ATCP 102.02 Prohibited trade practices.

ATCP 102.02(1) (1) No brewer shall discriminate in price, allowance, rebate, refund, commission or discount between wholesalers purchasing fermented malt beverages of like kind or quality where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly, or to injure, destroy or prevent competition by a person who is or in good faith intends to become a competitor, in the wholesaling of fermented malt beverages, unless such discrimination is:

ATCP 102.02(1)(a) (a) Merely commensurate with a difference in the cost of manufacture, sale, or delivery resulting from differing methods or quantities of sale or delivery, or