Section 105.009. Meeting competition.

 

(1)   Existing price. A price for merchandise meets an existing price of a competitor under s. 100.30 (6) (a) 7. , Stats., only if the merchandise in question is sold on a day when the competitor's price is in effect and is offered under the same terms and conditions as the competitor's offer.

(2)   Holders of cigarette permits. A person who holds a cigarette permit under subch. II of ch. 139 , Stats., and who also sells merchandise other than cigarettes may reduce the price of the other merchandise to meet a competitor's existing price, in accordance with the exemption specified in s. 100.30 (6) (a) 7. , Stats. Section 100.30 (6) (c) and (d) , Stats., which prohibit persons holding these cigarette permits from claiming this exemption, apply only to the sale of cigarettes.

(3)   Surveys. A wholesaler or retailer who conducts a survey of competitor's prices in the following manner may rely on the survey of competitor's existing prices as proof of sale under s. 100.30 (6) (a) 7. , Stats., if the department finds the survey to be accurate. Such a survey shall include:

(a) The name and address of the person conducting the survey.

(b) A description of the product being surveyed.

(c) The competitor's name, address, and selling price.

(d) The date and time of the survey.

(e) The date and time the wholesaler or retailer met a competitor's price.

(f) Any other elements the department requires.

(4)   Pricing to meet competition. A seller may not claim to be meeting competition if the seller's price is less than the competitor's price.

(5)   Credit card promotions; meeting competition.

(a) Pursuant to s. 100.30 (6) (a) 7. , Stats., a motor fuel retailer may in good faith offer a credit card promotion to meet, but not beat, a credit card promotion that any person offers on credit card purchases of motor fuel from a competing retailer. A retailer may not claim to be meeting competition if the retailer offers the credit card promotion for more than 180 days after the competing credit card promotion is discontinued.

(b) If a motor fuel retailer competes in this state with retailers who benefit from a statewide or regional credit card promotion, the retailer may offer a credit card promotion under par. (a) at any or all of its retail locations in that statewide or regional market, regardless of whether the competition occurs at every one of its retail locations in that market.

(c) A retailer offering a credit card promotion under par. (a) shall give the department written notice of that promotion, and of any material change in the general terms of that promotion. The retailer notice shall include all the following:

1. The retailer's name, and any trade name under which the retailer offers the credit card promotion.

2. The general terms, conditions, and geographic scope of the credit card promotion.

3. A description of the credit card promotion that the retailer is purporting to meet, including the person offering the promotion, the general terms of the promotion, and the identity and geographic distribution of competing motor fuel retailers who are benefiting from the promotion.

History: Cr. Register, August, 1990, No. 416 , eff. 9-1-90; cr. (4), Register, May, 1999, No. 521 , eff. 6-1-99; cr. (5), Register, March, 2000, No. 531 , eff. 4-1-00; CR 16-012 : am. (4) Register August 2016 No. 728 , eff. 9-1-16.

Note

Under this subsection, if a merchant offers a price reduction with the redemption of a coupon, another merchant can meet this competition with a similar coupon promotion — simply dropping the price of the product, without any coupon redemption, would not be an offer under "the same terms and conditions." Microsoft Windows NT 6.1.7601 Service Pack 1 Section 100.30 (6) (a) 7. , Stats., also permits merchants to substantiate a competitor's price by having in their possession an advertisement, proof of sale, or receipted purchase. Microsoft Windows NT 6.1.7601 Service Pack 1