Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 102 - Price discrimination and related practices › Subchapter II - Soda Water Beverages › Section ATCP 102.12 - Prohibited trade practices

Current through June 24, 2024
No wholesaler of soda water beverages shall, in the sale or
					 distribution of soda water beverages, engage in the following unfair methods of
					 competition or unfair trade practices:
(1) Discriminate, directly or indirectly, in
				  the price at which soda water beverages are sold to customers by selling or
				  offering to sell such beverages at a special price or discount, or with special
				  allowances, rebates, or commissions, or under other price or credit terms or
				  conditions not offered or made available to all customers, where the effect of
				  such discrimination may be substantially to lessen competition or tend to
				  create a monopoly, or otherwise injure, destroy or prevent competition between
				  wholesalers of soda water beverages or any of their customers.
(2) Furnish, sell, give, lend or rent any
				  equipment, after the effective date of this chapter, for the refrigerated or
				  heated storage or display, or mechanical dispensing of soda water beverages to
				  a retailer, but this shall not prevent:
(a)
				  The sale or rental of such equipment to a retailer under a written agreement
				  describing the equipment sold or rented, and specifying the price and other
				  terms and conditions under which it is to be sold or rented. Copies of
				  agreements shall be kept on file by the wholesaler for at least 3 years after
				  final payment has been received. No agreement for the sale or rental of
				  equipment other than agreements for the rental of coin-operated vending
				  machines shall contain any provision that prohibits the use of the equipment
				  for the storage, display, or dispensing of the products of competing
				  wholesalers or reserves any part of the available capacity of the equipment for
				  the products of the wholesaler selling or renting the equipment.
1. Terms for the sale of equipment shall
				  provide that the wholesaler shall recover at least the wholesaler's cost for
				  the equipment, including all costs for transportation and installation of the
				  equipment, either by advance payment in full or by equal monthly installment
				  payments over a period not to exceed 5 years.
2. Terms for the rental of equipment, other
				  than coin-operated vending machines, shall provide that minimum monthly rental
				  charges shall be no less than one-sixtieth (1/60) of the total cost to the
				  wholesaler, including all costs for transportation and installation of the
				  equipment. Rentals may be charged in equal periodic installments or on a volume
				  basis, and shall be collected at least once each year in an amount sufficient
				  to recover all such costs within a period of 60 months.
3. Terms for the rental of coin-operated
				  vending machines shall provide that the minimum monthly rental charge shall be
				  no less than one ninety-sixth (1/96) of the total cost to the wholesaler,
				  including all costs for transportation and installation. Rentals may be charged
				  in equal periodic installments or on a volume basis, and shall be collected at
				  least once each year in an amount sufficient to recover all such costs within a
				  period of 96 months.
4. Cost of
				  equipment which has been returned or repossessed or on which rental contracts
				  are renewed shall be based on fair market value of the equipment, whether or
				  not cost was recovered in whole or in part under a previous sale or rental
				  agreement.