A court has ordered 15 different corporate entities that own and operate gasoline stations in the Green Bay, Wisconsin, area to share volume and pricing data with bigbox retailer Costco. United States District Court Judge William Griesbach ruled in favor of Costco's motion to "compel" the action, saying the information was relevant to the retailers' charges that Costco violated the Wisconsin Unfair Sales Act by selling regular unleaded gas below their cost. The data involves gasoline pricing and sales for 2017 and 2018. The retailers argued that because they are only seeking statutory damages for a threatened injury, they do not need to prove actual injury and damages through their data. A section of the Unfair Sales Act notes that any person threatened by sales in violation of the statute can apply for temporary or injunctive relief equal to three times the amount of any monetary loss or an amount equal to $2,000 daily, whichever is greater. The retailers argued that they don't have to prove actual losses to recover the damages and suggest that their pricing and sales data are irrelevant to their claims and any defense Costco might present.
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