Go America L.L.C. v. Kwik Trip, Inc.

¶ 1.

The plaintiffs in this action are retail sellers of motor vehicle fuel in the Prairie du Chien area. They appeal the circuit court's summary judgment dismissing their claims that Kwik Trip, Inc., violated Wisconsin's Unfair Sales Act, Wis. Stat. § 100.30, 1 by selling motor vehicle fuel below cost as defined by the act. 2 The appeal requires us to construe and apply provisions of the act that relate to the defense of lowering prices to meet an existing price of a competitor. We conclude: (1) "competitor" in the context of § 100.30(2)(cj), (6)(a)7, and (7)(a) may include a competitor…