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EICHENSEER v. MADISON COUNTY TAVERN LEAGUE

No. 2005AP1063.

748 N.W.2d 154 (2008)

2008 WI 38

Nic J. EICHENSEER, Plaintiff, Brian Dougherty and Eric B. Stener on behalf of themselves and all other similarly situated persons, Plaintiffs-Appellants-Petitioners, v. MADISON-DANE COUNTY TAVERN LEAGUE, INC., Amy's Cafe, Inc., The Angelic Brewing Company, LLC, Brothers of Wisconsin, Inc. d/b/a Brothers, Oscar, Inc. d/b/a Buffalo Wild Wings Grill & Bar, Bull Feathers, Inc., Zapel, Inc. d/b/a City Bar, Wisconsin Ventures, Inc. d/b/a Club Amazon and The Church Key, Kollege Klub, Inc., Schooners Bar & Grill d/b/a Lava Lounge, The Church Key d/b/a Mad Dog's Pub & Pizzeria, B.A.T., Inc. d/b/a Madhatters, Orbut of State Street, Inc. d/b/a Mondays, Nitty Gritty, LLC, Paul's Club, Inc., Plaza Tavern and Grill, Inc., The Pub, Inc., The Red Shed, Inc., Spices Restaurante, Inc., State Bar & Grill, LLC, State Street Brats, Stillwaters, Inc., Vintage LLC d/b/a Vintage Spirits & Grill, Wando Ventures, Inc., The Bull Ring of Madison, Inc. d/b/a the Irish Pub and Does 1-50, Defendants-Respondents, Secura Supreme Insurance, Intervenor.

Supreme Court of Wisconsin.

Decided May 6, 2008.

Attorney(s) appearing for the Case

For plaintiffs-appellants-petitioners there were briefs by Kay Nord Hunt, Reid R. Lindquist, Brent R. Johnson, Steven E. Uhr (of counsel), and Lommen, Abdo, Cole, King & Stageberg, P.A., Minneapolis, Minn., and oral argument by Kay Nord Hunt.

For defendants-respondents there was a brief by Kevin J. O'Connor, Kendall W. Harrison, Patricia L. Wheeler, and Godfrey & Kahn, S.C., Madison, and oral argument by Kevin J. O'Connor.

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.

¶ 1 DAVID T. PROSSER, J.

This is an antitrust case. The 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...

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