September 4, 2010

WPRI report is "fatal" to minimum markup case

Its thinking tanked, sez 7th Circuit panel

Note Reagan-appointed judges Posner, Ripple, and Kanne:
Although the authors of the WPRI Report argue that "[m]ost of the empirical research done on retail gasoline markets suggests that the primary problem in the market is not predatory pricing, but rather a propensity towards price collusion," there is no evidence in the WPRI Report of any actual collusion in the Wisconsin motor vehicle fuel market.
Conclude all three:
The lack of evidence in the record supporting Flying J’s allegations of collusive conduct by gasoline dealers is fatal to its claim that the motor vehicle fuel provisions of the Act are preempted by the Sherman Act.
On teh web: WPRI.

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