Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Court Strikes Down Wisconsin Law Regulating Fuel Prices

You may see fuel prices drop in Wisconsin after a court overturned a law that was designed to prevent unfair price cutting among fuel sellers

by Staff
February 27, 2009
2 min to read


You may see fuel prices drop in Wisconsin after a court overturned a law that was designed to prevent unfair price cutting among fuel sellers.


According to the American Trucking Associations' State Laws Newsletter, the U.S. District Court for the Eastern District of Wisconsin has held that the Wisconsin Unfair Sales Act was unconstitutional as applied to sales of motor fuel.

The law effectively required motor fuel retailers to sell at a price no lower than the terminal price plus a markup of 9.18 percent. In earlier years, such a markup amounted to a few cents, but when gasoline and diesel exceeded $4 a gallon, the markup came to more than 30 cents a gallon, far more than a comfortable profit margin for many retailers.

Flying J challenged the law under Section 1 of the Sherman Act, the federal anti-trust statute, as restraint of trade. The court agreed that the state law "authorizes and enforces resale price maintenance among competitors," an anti-trust violation.

It made no difference, the court continued, that there was no "concerted action" among competitors here, and that the pricing scheme was the result of a state law. "Where private actors are granted 'a degree of private regulatory power,' the regulatory scheme may be attacked."

The court accepted evidence that the Wisconsin law did in fact keep fuel prices higher than they would otherwise have been.

The court issued the requested injunction against enforcement of the act.

More Drivers

Man seated in front of computer with inset of insights generated for a truck driver

Netradyne Intelligence Uses New AI Agents to Automate Response to In-Cab Camera Data

The company called the next-generation in-cab camera safety platform "a fundamental shift from systems that report on what happened to systems that actively drive what should happen next."

Read More →
Illustration of hourglass and trucks backed up to a dock
DriversJune 15, 2026

Why Truck Detention Keeps Costing Fleets Time and Money

A 2024 ATRI study found detention affects nearly 40% of truckload stops and costs the industry more than $15 billion annually. Despite the toll on drivers, fleets, and supply chains, the problem remains stubbornly persistent.

Read More →
Artist rendering of dealership with trucks and trailers parked outside
Equipmentby News/Media ReleaseJune 2, 2026

Prime Inc. to Open $7.9M Flagship Used-Truck Dealership

A new driver-focused facility to sell Prime Inc's used trucks and trailers will be the first purpose-built location in the company's history.

Read More →
Ad Loading...
Thumbnail for podcast episode
Safety & ComplianceMay 28, 2026

Short Takes: Inside K&B’s Truck Safety Tech

Listen to learn how K&B Transportation uses cellphone-blocking technology, speed management systems, weather geofencing, bridge avoidance tools, and more to improve driver safety.

Read More →
Nussbaum driver pay.
Driversby News/Media ReleaseMay 27, 2026

Nussbaum Expands Driver Compensation with Pay Raises, Profit Sharing

Nussbaum Transportation said its latest compensation package could push first-year driver earnings above $90,000 in key hiring markets.

Read More →
Lance Evans, Director of Safety at K&B Transportation.
Safety & ComplianceMay 13, 2026

Listen: Inside Modern Fleet Safety: AI, Cameras & Speed Control at K&B Transportation

Fleet safety is evolving fast—and technology is at the center of it. Learn how a former commercial vehicle enforcement officer turned director of safety at K&B Transportation is embracing real-world safety technology.

Read More →
Ad Loading...
Maverick Transportation Freightliner Cascadia.
Driversby News/Media ReleaseMay 12, 2026

Maverick Announces 2026 Driver Pay Raises

New raises for Maverick Transportation drivers will take effect on May 31, 2026.

Read More →
Alleged Ohio toll evasion truck.
Driversby News/Media ReleaseMay 5, 2026

Illinois Trucker Indicted for Nearly $22,000 in Ohio Turnpike Toll Evasion

Authorities say an Illinois trucker avoided paying tolls for two years, and now faces felony charges, possible prison time, and forfeiture of his Freightliner tractor.

Read More →
Illustration with trojan horse and lock with inside of cargo container in background
Fleet Managementby News/Media ReleaseApril 23, 2026

New Trojan Driver Cargo Theft Scam Bypasses Carrier Vetting Systems

Cargo theft rings plant operatives as drivers inside legitimate, fully vetted carriers, then execute coordinated thefts that look like a traditional straight theft from the outside.

Read More →
Ad Loading...
Female truck driver.
Driversby News/Media ReleaseApril 21, 2026

WIM, Trucker Path Name Top 3 Women-Friendly Truck Stops

ATA’s Women In Motion Council and Trucker Path highlight three truck stops that meet all seven safety-focused criteria and rank highest among female drivers.

Read More →