United States Seventh Circuit
Flying J, Inc. v. Hollen, 09-1883
In plaintiff's facial challenge to Wisconsin's gasoline pricing regulations, district court's grant of plaintiff's motion for summary judgment is reversed and remanded and a permanent injunction against enforcing provisions of the regulations is dissolved as the lack of evidence in the record supporting plaintiff's allegations of collusive conduct by gasoline dealers is fatal to its claim that the motor vehicle fuel provisions of the Unfair Sales Act are preempted by the Sherman Act as it cannot be found on the face of the statute any compelled or authorized conduct that constitutes a violation of federal antitrust law.
Appellate Information
- Argued 04/14/2010
- Decided 09/03/2010
- Published 09/03/2010
Judges
Court
- United States Seventh Circuit