Court of Appeals of Wisconsin December 28, 2005, 2005AP427, 2005AP428 (22 Shawano, LLC v. Dr. R. C. Samanta Roy Institute of Science & Technology, Inc.)

PETERSON, J.

¶ 1. The Wisconsin Unfair Sales Act, Wis. Stat. § 100.30, generally prohibits a retailer from selling gasoline below cost.

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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.