Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 100 - Milk Contractors
Subchapter IV - Discriminatory Payments to Producers
Section ATCP 100.984 - Meeting competition defense

Universal Citation: WI Admin Code ยง ATCP 100.984

Current through August 26, 2024

(1) GENERAL. In any proceeding against a dairy plant operator, in which the operator is alleged to have discriminated between producers or pay classes in violation of s. ATCP 100.981, it is a defense for the operator to prove that the operator discriminated between those producers or pay classes in good faith in order to meet competition.

(2) PROOF REQUIRED. No dairy plant operator may claim the meeting competition defense under sub. (1) unless the operator proves all of the following, based on documentary evidence which the operator possessed and relied upon when the operator engaged in the alleged discrimination:

(a) The operator offered the discriminatory milk price or non-price consideration in response to a competitor's prior offer to producers in the operator's procurement area.

(b) The competitor's prior offer under par.
(a) was still in effect when the operator offered the discriminatory milk price or non-price consideration.

(c) The operator's discriminatory milk price or non-price consideration was similar in kind to the competitor's prior offer under par.
(a), and did not exceed the competitor's offer.

(d) The operator offered the discriminatory milk price or non-price consideration only in that part of the operator's procurement area which overlapped the competitor's procurement area, or only to those producers who received the competitor's prior offer under par. (a).

(3) LIMITATIONS. No dairy plant operator may claim the meeting competition defense under sub. (1) for either of the following:

(a) A milk volume premium which exceeds, for producers shipping equivalent volumes of milk, the milk volume premium offered or paid by the competitor whose competition the operator is purporting to meet.

(b) Discrimination which occurred more than 30 days after the last day on which the competitor's offer was in effect.

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