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Nic J. Eichenseer v. Madison-Dane County Tavern League, Inc., et al.
Date: 05-07-2008
Case Number: 2005AP1063
Judge: Unknown
Court: Wisconsin Supreme Court on appeal from the Circuit Court, Dane County
Plaintiff's Attorney: Kay Nord Hunt, Reid R. Lindquist, Brent R. Johnson, Steven E.
Uhr (of counsel), and Lommen, Abdo, Cole, King & Stageberg,
P.A., Minneapolis, Minnesota
Defendant's Attorney: Kevin J. O’Connor, Kendall W. Harrison, Patricia L. Wheeler, and Godfrey
& Kahn, S.C., Madison, Wisconsin
An amicus curiae brief on behalf of the University of
Wisconsin - Madison, and oral argument by Eric J. Wilson,
assistant attorney general, with whom on the brief was J.B. Van
Hollen, attorney general.
An amicus curiae brief was filed by Peter C. Carstensen, on
behalf of the American Antitrust Institute.
An amicus curiae brief was filed by Catherine M. Rottier
and Boardman, Suhr, Curry & Field LLP; Attorney Michael P. May;
and Claire Silverman, on behalf of the City of Madison and the
League of Municipalities.
plaintiffs1 accuse 24 taverns in the immediate vicinity of the
University of Wisconsin campus in Madison and the Madison-Dane
County Tavern League, Inc. (collectively, the defendants) of
horizontal price-fixing violations under Wis. Stat. § 133.03(1)2
because, in response to pressure from city government to ban all
drink specials after 8 p.m. in the city, the 24 taverns agreed
to eliminate drink specials at their establishments on Friday
and Saturday nights after 8 p.m. We review here a published
decision of the court of appeals, Eichenseer v. Madison-Dane
County Tavern League, Inc., 2006 WI App 226, 297 Wis. 2d 495,
725 N.W.2d 274, affirming the circuit court's grant of summary
judgment to the defendants.
2 In the procedural posture of this case, we do not
address whether the defendants' conduct constituted violations
of antitrust law. We assume antitrust violations for purposes
of determining whether the defendants have immunity for their
actions. The defendants contend that their conduct is immune from Wisconsin antitrust law under: (1) the so-called "implied
repeal doctrine" articulated in Town of Hallie v. City of
Chippewa Falls, 105 Wis. 2d 533, 314 N.W.2d 321 (1982) (Hallie
I); (2) the Noerr-Pennington government petitioning doctrine
articulated by the United States Supreme Court;3 and (3) the
Local Government Antitrust Act (LGAA), 15 U.S.C. §§ 34-36.
3 We conclude that the defendants' challenged actions
are immune from state antitrust law under the implied repeal
doctrine of Hallie I. Because of this conclusion, we determine
that it is not necessary to decide the validity of the
defendants' second and third defenses. Accordingly, we affirm
the decision of the court of appeals.
* * *
http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=32641
About This Case
What was the outcome of Nic J. Eichenseer v. Madison-Dane County Tavern League, I...?
The outcome was: Affirmed
Which court heard Nic J. Eichenseer v. Madison-Dane County Tavern League, I...?
This case was heard in Wisconsin Supreme Court on appeal from the Circuit Court, Dane County, WI. The presiding judge was Unknown.
Who were the attorneys in Nic J. Eichenseer v. Madison-Dane County Tavern League, I...?
Plaintiff's attorney: Kay Nord Hunt, Reid R. Lindquist, Brent R. Johnson, Steven E. Uhr (of counsel), and Lommen, Abdo, Cole, King & Stageberg, P.A., Minneapolis, Minnesota. Defendant's attorney: Kevin J. O’Connor, Kendall W. Harrison, Patricia L. Wheeler, and Godfrey & Kahn, S.C., Madison, Wisconsin An amicus curiae brief on behalf of the University of Wisconsin - Madison, and oral argument by Eric J. Wilson, assistant attorney general, with whom on the brief was J.B. Van Hollen, attorney general. An amicus curiae brief was filed by Peter C. Carstensen, on behalf of the American Antitrust Institute. An amicus curiae brief was filed by Catherine M. Rottier and Boardman, Suhr, Curry & Field LLP; Attorney Michael P. May; and Claire Silverman, on behalf of the City of Madison and the League of Municipalities..
When was Nic J. Eichenseer v. Madison-Dane County Tavern League, I... decided?
This case was decided on May 7, 2008.