MADISON, Wis. (AP) -- A federal judge has declared Wisconsin's minimum markup on gas unconstitutional.
State law makes it illegal for retailers to sell gasoline without marking it up either 6 percent over what they paid or 9.18 percent over the average wholesale price, whichever is higher.
The 1939 law was intended to ensure fair competition and prevent larger companies from marking their gas down to drive smaller competitors out of business.
Flying J., Inc., a Utah company that runs travel plazas in Black River Falls and Oak Creek, sued last month to make Wisconsin stop enforcing the law.
Chief judge Rudolph T. Randa of the Eastern District of Wisconsin issued a ruling Thursday, saying the law unconstitutionally restrains free trade. - WTMJ 4
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