Wisconsin Antitrust Laws

Antitrust laws in Wisconsin are set forth under Chapter 133.01 et seq (Trusts and Monopolies).  Under Section 133.18 any private person injured directly or indirectly, by any prohibited acts of this chapter, can bring an action to recover damages and the cost of the suit, including reasonable attorney fees.  Furthermore, any civil action for damages under this chapter will be barred unless commenced within six years after the cause of action accrued pursuant to section 133.18 (2).  The Department of Justice or District Attorney may also bring an action for a civil forfeiture pursuant to Section 133.03(3).

Wis. Stat. § 133.18

(1)(a) Except as provided under par. (b), any person injured, directly or indirectly, by reason of anything prohibited by this chapter may sue therefor and shall recover threefold the damages sustained by the person and the cost of the suit, including reasonable attorney fees. Any recovery of treble damages shall, after trebling, be reduced by any payments actually recovered under s. 133.14 for the same injury.(b) No damages, interest on damages, costs or attorney fees may be recovered under this chapter from any local governmental unit or against any official or employee of a local governmental unit who acted in an official capacity.
(2) A civil action for damages or recovery of payments under this chapter is barred unless commenced within 6 years after the cause of action accrued. When, in a civil class action, a class or subclass is decertified or a class or subclass certification is denied, the statute of limitations provided in this section is tolled as to those persons alleged to be members of the class or subclass for the period from the filing of the complaint first alleging the class or subclass until the decertification or denial.

Wis. Stat. § 133.03

(3) As an alternative to the criminal penalties for violation of this section, the department of justice or district attorney may bring an action for a civil forfeiture. In an action for a civil forfeiture under this subsection a corporation may be required to forfeit not more than 100,000 and any other person may be required to forfeit not more than 50,000.


Inside Wisconsin Antitrust Laws