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OB-GYN ASSOC. OF NEENAH v. LANDIG

No. 84-2183.

129 Wis.2d 362 (1986)

384 N.W.2d 719

OBSTETRICAL & GYNECOLOGICAL ASSOCIATES OF NEENAH, S.C., Plaintiff-Respondent, v. Vivian LANDIG, Defendant and Third-Party Plaintiff-Appellant, Fred J. BARTIZAL and Ronald L. Strebel, Third-Party Defendants.

Court of Appeals of Wisconsin.

Decided February 12, 1986.

Attorney(s) appearing for the Case

For the defendant and third-party plaintiff-appellant, briefs were submitted by the Eisenberg & Kuehl, S.C. firm of Milwaukee. Oral argument by Steven R. Wiechmann.

For the plaintiff-respondent, a brief was filed by Jeffrey W. Hanes of Remley, Sensenbrenner, Stein, Cummings, Snyder & Hanes, S.C. of Neenah. Oral argument by Jeffrey W. Hanes.

For the Department of Justice, an amicus curiae brief was submitted by Bronson C. La Follette, attorney general, and Kevin J. O'Connor, assistant attorney general. Oral argument by Kevin J. O'Connor.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

This case concerns a species of Wisconsin's anti-trust law, sec. 133.05, Stats.—secret rebates. At issue is statutory interpretation. The major question is: Did the legislature intend to outlaw all secret rebates on the basis that they are unreasonably anti-competitive per se? Or, did the legislature intend that secret rebates are unlawful only if complainants prove competitive injury? The trial...

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