22 Shawano, LLC v. Dr. R. C. Samanta Roy Institute of Science & Technology, Inc.

¶ 1. The Wisconsin Unfair Sales Act, Wis. Stat. § 100.30, generally prohibits a retailer from selling gasoline below cost. However, the Act does not apply when a retailer acts in good faith to meet a competitor's price. In this case, the circuit court concluded the retailer did not act in good faith when it sold gasoline below cost and entered judgment accordingly. The court appeared to interpret the Act to require retailers to survey competitors' prices at least every twenty-four hours. Because the Act imposes no such requirement, we conclude the court erred when it found the retailer…