Wisconsin's attorney general won't appeal a federal judge's ruling on minimum markup. Last month, a U.S. District Court found Wisconsin's minimum mark up law unconstitutional with respect to its motor vehicle fuel, because that provision was preempted by federal antitrust law.
In announcing that the state Department of Justice will not appeal the decision to the United States Seventh Circuit Court of Appeals, Attorney General J.B. Van Hollen said he can't comment on his legal analysis of whether the law violates federal antitrust law, because legal proceedings continue in the District Court. But Van Hollen did provide three reasons why DOJ won't appeal.
First, under state statutes, the primary agency charged with enforcing the minimum markup law is DATCP , which has not requested an appeal. Second, the public policy considerations that underlie the minimum mark up law can be better addressed by the legislature than by a court through an appeal. Third, Van Hollen says DOJ does not appeal every adverse decision.
In light of the reasons why the law was struck down combined with those issues, including the Legislature's ability to rewrite the legislation, he does not believe it wise to continue to litigate this case. The Petroleum Marketers & Convenience Store Association moved to intervene in the case after the District Court issued its judgment. The Association's motion to intervene is pending.
