MADISON (WKOW) -- An appeals court will decide whether Wisconsin's minimum markup law for gasoline can be enforced.
In February, U.S. District Judge Rudolph Randa nullified the law that requires gas stations to charge customers at least 6 percent over their cost of gas. The law's was aimed at keeping larger companies from running smaller competitors out of business.
Randa said the law was unconstitutional and could not be enforced since it conflicted with the federal Sherman Act, which prohibits anti-competitive business practices.
Attorney General J.B. Van Hollen decided not to appeal, but the Wisconsin Petroleum Marketers & Convenience Store Association decided to intervene.
The 7th Circuit Court of Appeals on Thursday granted the association's motion. The appeals court says it will decide whether the law is constitutional.