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Court reinstates markup law for Wisconsin gasoline?

Associated Press -- MADISON, Wis. — A federal appeals court on Friday reinstated Wisconsin's 71-year-old minimum markup law on gasoline, a decision that could save some jobs but increase the cost of gas.

Siding with an association representing small gas station owners, the 7th Circuit Court of Appeals ruled the law that requires retailers to sell gas above cost does not encourage illegal price-fixing.

The court lifted an order entered last year that put enforcement of the law on hold after U.S. District Judge Rudolph Randa concluded it violated federal antitrust law and increased the price at the pump by up to 30 cents a gallon.

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Submitted Sep 05, 2010 By: ziyulu

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lgppa Champion Author Pennsylvania Posts:11,530 Points:496,235 Joined:Sep 2010	Message Posted: Oct 15, 2010 2:20:49 PM Ignore lgppa Report Abuse Everyone in business has to play fair, right!
gs7101 Champion Author San Antonio Posts:3,203 Points:245,355 Joined:Jun 2009	Message Posted: Sep 6, 2010 9:23:39 AM Ignore gs7101 Report Abuse I'm glad I don't live in the state of Wisconsin.
rfaramir Veteran Author Texas Posts:466 Points:406,005 Joined:Dec 2009	Message Posted: Sep 6, 2010 8:07:51 AM Ignore rfaramir Report Abuse Instead of banding together to get government to come in and interfere in the free market on their behalf, they should have banded together to get a lower price like the big guys. Government intrusion into the market always produces unintended consequences, usually inefficiencies and shortages and higher prices. I feel for the little guys. I favor small independent gas stations when the price difference is really small, but I still refuse to pay too much for smiling faces when I go inside. Anti-trust in general is a bust. Well-meaning (if you don't think the politicians cynically grabbed power KNOWING it would fail), but it didn't help. The Bells have gotten back together, as have many parts of Standard Oil, for instance. 10 years ago, I was for Anti-Trust, too (especially against Microsoft), but as I came to really learn economics (http://mises.org and http://fee.org), I gave up on trusting government to better than the free market: individuals freely making choices among producers freely providing goods and services. No subsidies, no regulations, and as low taxes as we can manage.
1006 All-Star Author Birmingham Posts:929 Points:1,027,620 Joined:Apr 2008	Message Posted: Sep 6, 2010 6:28:13 AM Ignore 1006 Report Abuse just comment on the article, not critique every comment.
BMW2014 Champion Author Toronto Posts:1,794 Points:364,300 Joined:Jun 2010	Message Posted: Sep 6, 2010 6:26:11 AM Ignore BMW2014 Report Abuse Good and bad before it gets ugly news. [Edited by: BMW2014 at 9/6/2010 8:26:38 AM EST]
ERO Champion Author Milwaukee Posts:19,082 Points:3,215,310 Joined:Feb 2003	Message Posted: Sep 6, 2010 5:58:56 AM Ignore ERO Report Abuse This is why business' and people leave Wisconsin every year. Tax hell.
dks2000 Veteran Author Houston Posts:275 Points:210,750 Joined:Oct 2008	Message Posted: Sep 6, 2010 12:21:33 AM Ignore dks2000 Report Abuse I get the reasoning behind the law. What I don't get is when it says "...increased the price at the pump by up to 30 cents a gallon." I thought that laws like this were to prevent the big guys (who have deep enough pockets to sell below cost for a period of time) from doing just that and basically waiting for the little guys to fold, then coming in and taking over market share at "Regular Price". That is what Standard Oil did 80 years ago. That is a reason why Standard Oil was broken up under Anti-Trust (now a lot of them have merged back).
250FORD Champion Author Minnesota Posts:8,265 Points:1,303,335 Joined:Feb 2007	Message Posted: Sep 5, 2010 11:30:23 PM Ignore 250FORD Report Abuse UseLessGasFolks " Wow. Do they really need to have a MINIMUM markup law?" Common sense tells you that if this isn't done the chain stores will run the little guy out of business and then gouge the consumers in the long run. Number43 "Why don't we use the same argument to reprice Chinese products upward to match the cost of american made products. We could save a lot of home town jobs that way." This would be nice but reality rears its ugly head and you realize everyone would starve because ALL prices for everything would cost too much.
Z51Corvette Champion Author Austin Posts:6,156 Points:1,224,540 Joined:Jan 2008	Message Posted: Sep 5, 2010 11:06:38 PM Ignore Z51Corvette Report Abuse Well this might help the smaller stations, as they can not buy as much fuel to get a BETTER deal as some of the Larger stations. We'll see who this helps... time will tell.
UseLessGasFolks Champion Author Iowa Posts:3,098 Points:837,005 Joined:Jul 2007	Message Posted: Sep 5, 2010 11:01:55 PM Ignore UseLessGasFolks Report Abuse Wow. Do they really need to have a MINIMUM markup law?
Number43 Champion Author Lexington Posts:6,298 Points:1,190,855 Joined:Oct 2008	Message Posted: Sep 5, 2010 10:50:41 PM Ignore Number43 Report Abuse Why don't we use the same argument to reprice Chinese products upward to match the cost of american made products. We could save a lot of home town jobs that way.
Scotty99QC Veteran Author Montreal Posts:275 Points:74,950 Joined:Jul 2010	Message Posted: Sep 5, 2010 10:48:50 PM Ignore Scotty99QC Report Abuse Just don't know what to say.
MiniFan Champion Author California Posts:2,223 Points:749,050 Joined:Nov 2008	Message Posted: Sep 5, 2010 10:48:40 PM Ignore MiniFan Report Abuse what a law
Number43 Champion Author Lexington Posts:6,298 Points:1,190,855 Joined:Oct 2008	Message Posted: Sep 5, 2010 10:47:38 PM Ignore Number43 Report Abuse The law doesn't save mom and pop stores, it just hurts working people. If such a law is so great why don't we apply it everywhere. No $7.00 trades, no 2.00 gal milk. No .99 cent cheeseburgers. We can do without walmarts and krogers and best buys. Make everyone charge the same price for everything. This also means : no coupons, no lunch specials,no baker's dozens. Since there would be no need for advertising- there will be no television, newpapers, or magizines. A new system then would take hold- a new nation would then appear: The U S S A.
lindact Champion Author New Haven Posts:6,487 Points:1,270,410 Joined:May 2008	Message Posted: Sep 5, 2010 10:43:06 PM Ignore lindact Report Abuse Big companies are undercutting small operations in all areas. Wht should gas be any different ?
unicornpmb Champion Author Buffalo Posts:6,117 Points:1,162,475 Joined:Sep 2005	Message Posted: Sep 5, 2010 10:42:09 PM Ignore unicornpmb Report Abuse The more I read the less I understand.
rxman1 Champion Author Toledo Posts:7,001 Points:1,397,270 Joined:Nov 2007	Message Posted: Sep 5, 2010 10:41:54 PM Ignore rxman1 Report Abuse Government involvement in business only has unintended consequences.
lgwhitlock Champion Author Chico Posts:5,130 Points:1,223,470 Joined:Jun 2008	Message Posted: Sep 5, 2010 10:41:42 PM Ignore lgwhitlock Report Abuse I think this is a win for the small stations. Only the big guys can afford to sell at a loss to steal away customers from the smaller operations...
Wizrd03 Champion Author Illinois Posts:5,776 Points:1,166,185 Joined:Oct 2008	Message Posted: Sep 5, 2010 10:38:37 PM Ignore Wizrd03 Report Abuse I just saved 20+ cents a gallon by driving up to Wisconsin to buy gas instead of buying gas in Illinois (yes, we were going that way anyhow and I used gas buddy to check prices) so now I can kiss that plus goodby due to the libs in Madison.
marvin42 Sophomore Author Salt Lake City Posts:113 Points:297,510 Joined:Nov 2009	Message Posted: Sep 5, 2010 10:33:31 PM Ignore marvin42 Report Abuse judgemobile, this law was introduced to save mom and pop gas stations from being driven out of business by big companies, who can afford to discount their gas and make up for the loss elsewhere. Now how do you feel?
Number43 Champion Author Lexington Posts:6,298 Points:1,190,855 Joined:Oct 2008	Message Posted: Sep 5, 2010 10:32:47 PM Ignore Number43 Report Abuse Why doesn't the government stop price fixing at the refinery level. We just had a 20 cent jump in gas prices here, just in time for labor day. The wholesale price of oil nor gas went up 20 cents. It seems anymore that the federal judges HATE the american people. What a nest of traitors.
OnTheWater Champion Author Orange County Posts:2,123 Points:622,380 Joined:Nov 2009	Message Posted: Sep 5, 2010 10:31:21 PM Ignore OnTheWater Report Abuse I'm glad that I don't live in Wisconsin then.
TBONE3 Champion Author Pennsylvania Posts:6,388 Points:1,510,745 Joined:Mar 2005	Message Posted: Sep 5, 2010 10:29:38 PM Ignore TBONE3 Report Abuse Just leave the market set prices and keep Uncle Sugar out of it.
Blue_Cruzer Champion Author Lexington Posts:5,152 Points:1,202,725 Joined:Mar 2007	Message Posted: Sep 5, 2010 10:28:54 PM Ignore Blue_Cruzer Report Abuse To much politics.
TRAIN RIDER Champion Author San Bernardino Posts:6,768 Points:2,298,985 Joined:Oct 2004	Message Posted: Sep 5, 2010 10:25:10 PM Ignore TRAIN RIDER Report Abuse THE GOVERNMENT IS GETTING INTO EVERYTHING AND SCREWING ALL OF IT UP.
THEDodgeman Champion Author Denver Posts:5,631 Points:1,480,655 Joined:Apr 2005	Message Posted: Sep 5, 2010 10:24:36 PM Ignore THEDodgeman Report Abuse BOHICA
Bus561 Champion Author Lexington Posts:14,076 Points:2,753,105 Joined:May 2004	Message Posted: Sep 5, 2010 10:22:23 PM Ignore Bus561 Report Abuse The federal government does absolutely nothing to stop the gouging and legal stealing, but now they have a mark up law. The federal government should stay out of it all together if they aren't going to protect the consumers.
runway12 Champion Author Tacoma Posts:2,906 Points:580,455 Joined:Aug 2008	Message Posted: Sep 5, 2010 10:21:56 PM Ignore runway12 Report Abuse Agree keep the price fare and no one what to go to court.
joel27nc Champion Author Raleigh Posts:8,157 Points:1,392,445 Joined:Mar 2008	Message Posted: Sep 5, 2010 10:20:17 PM Ignore joel27nc Report Abuse Just sell it at a fair price and it will be fine.
PetroScopper Champion Author Houston Posts:4,364 Points:1,090,685 Joined:Aug 2008	Message Posted: Sep 5, 2010 10:15:08 PM Ignore PetroScopper Report Abuse Let's just hope that this kind of madness doesn't spread across the country.
rfaramir Veteran Author Texas Posts:466 Points:406,005 Joined:Dec 2009	Message Posted: Sep 5, 2010 9:42:32 PM Ignore rfaramir Report Abuse It's frustrating when they're both wrong, but we have to live with the consequences of bad law and bad court decisions. The state law mandating minimum prices (not fixed but "no less than cost") is unnecessary government interference in the free market. The feds, on the other hand, have no business interfering in the internal affairs of a state. The state's law was stupid, but it didn't interfere with Interstate Commerce (the only time the feds should care), unless you really think people from Chicago will drive all the way to Madison, Wisconsin, for cheaper gas. This decision reinforces the feds feeling of superiority when interfering with state law, lets stand a state law that degrades the working of the free market, and will cause higher gas prices for the poor residents of Wisconsin.
judgemobile Champion Author Ohio Posts:5,245 Points:1,983,145 Joined:Nov 2005	Message Posted: Sep 5, 2010 9:09:30 PM Ignore judgemobile Report Abuse If I want to sell dollar bills for 95 cents each, would the government try and stop me ??? It's MY money. If a grocery store wanted to sell milk as a loss leader to get people into the store, would the government stop them ? OF COURSE NOT. So why, if a station owner wants to compete by selling gasoline BELOW COST to attract business and get people to drive in and spend other money on food and tobacco, WHY would the government have the RIGHT to stop them ???
littlebigboy Sophomore Author South Dakota Posts:230 Points:1,015,800 Joined:May 2007	Message Posted: Sep 5, 2010 8:41:18 PM Ignore littlebigboy Report Abuse How can bus. survive with politicians always making it tougher.
52MPG Champion Author Dayton Posts:4,909 Points:1,277,505 Joined:Apr 2006	Message Posted: Sep 5, 2010 8:39:47 PM Ignore 52MPG Report Abuse Any way you look at it, it is more government regulation.
JuliusRex Champion Author Orlando Posts:1,689 Points:308,610 Joined:Aug 2004	Message Posted: Sep 5, 2010 8:38:34 PM Ignore JuliusRex Report Abuse Nothing like having inept govt. bureaucrats and legislators try and tell free business owners how to sell their product. You can't charge to much, that would be gouging -- which is irrelevant. You can't charge to little because that would be uncompetitive of you to try and under cut the price of the guy across the street. The real joke here is that I referred to them as "free" business owners. They aren't free.
aldog365 Champion Author Nashville Posts:3,150 Points:1,559,710 Joined:Aug 2005	Message Posted: Sep 5, 2010 8:36:42 PM Ignore aldog365 Report Abuse We have so many old and dumb laws.Some involve craziness.
headhog Champion Author Indiana Posts:1,437 Points:674,455 Joined:Nov 2008	Message Posted: Sep 5, 2010 8:36:14 PM Ignore headhog Report Abuse Most of the judges on the 7th Circuit appeals court were appointed by GW Bush.
must87searcher Champion Author Maryland Posts:6,665 Points:1,314,595 Joined:Apr 2008	Message Posted: Sep 5, 2010 8:34:09 PM Ignore must87searcher Report Abuse In law and politics, there is a aways a something that goes bad in a subject.
hibsaw Champion Author Mississippi Posts:5,671 Points:1,215,065 Joined:Feb 2008	Message Posted: Sep 5, 2010 8:31:17 PM Ignore hibsaw Report Abuse That law sucks.
toadNY Champion Author Albany Posts:4,558 Points:1,046,550 Joined:Apr 2008	Message Posted: Sep 5, 2010 8:30:27 PM Ignore toadNY Report Abuse Just remember who appoints any new judges to the highest court in the country? Thats right the liberal democrat president.
bumpygas Champion Author Nebraska Posts:5,948 Points:1,452,335 Joined:Oct 2007	Message Posted: Sep 5, 2010 8:28:55 PM Ignore bumpygas Report Abuse Remember in November!
ww2gas Champion Author Virginia Posts:6,048 Points:1,279,375 Joined:May 2007	Message Posted: Sep 5, 2010 8:21:56 PM Ignore ww2gas Report Abuse Not moving to Wisconsin any time soon.
FordGuy48 Champion Author Albuquerque Posts:1,324 Points:631,230 Joined:Jul 2005	Message Posted: Sep 5, 2010 8:21:25 PM Ignore FordGuy48 Report Abuse Yes, November can't come soon enough!
RENEGADEGAS Champion Author Missouri Posts:12,054 Points:1,127,180 Joined:Jul 2008	Message Posted: Sep 5, 2010 8:20:35 PM Ignore RENEGADEGAS Report Abuse Save some jobs and bankrupt the community. Great planning there! Sounds like they took lessons from hussien. HURRY UP NOVEMBER!!!
Bud122CA Champion Author California Posts:5,218 Points:1,146,935 Joined:Jul 2008	Message Posted: Sep 5, 2010 7:58:34 PM Ignore Bud122CA Report Abuse We need more excuses to get the price up.
RedRam2005 Champion Author San Antonio Posts:5,696 Points:1,057,810 Joined:Dec 2007	Message Posted: Sep 5, 2010 7:50:56 PM Ignore RedRam2005 Report Abuse Anything to keep prices up and limit competition
BKool Champion Author Michigan Posts:4,526 Points:1,753,300 Joined:Aug 2005	Message Posted: Sep 5, 2010 7:42:13 PM Ignore BKool Report Abuse stupid is as stupid does...
Cheddarburger Champion Author Milwaukee Posts:18,625 Points:1,862,550 Joined:May 2006	Message Posted: Sep 5, 2010 7:37:57 PM Ignore Cheddarburger Report Abuse Living in Wisconsin, I can tell you that this archaic law is a joke. I don't know of any other place that has a minimum markup law. More money goes into the state coffers...less for us.
fcdriver Champion Author Tennessee Posts:5,198 Points:1,065,800 Joined:Sep 2008	Message Posted: Sep 5, 2010 7:36:22 PM Ignore fcdriver Report Abuse soon the will be regulating the big mac too
ChuckGVT Champion Author Vermont Posts:4,368 Points:1,227,770 Joined:Apr 2008	Message Posted: Sep 5, 2010 7:36:06 PM Ignore ChuckGVT Report Abuse nobama socialism at it's worst.