Wisconsin Statutes
Wis. Stat. § 133.16 (2026)
Injunction; pleading; practice
✓ current as of July 2026
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133.16133.16 Injunction; pleading; practice. Any circuit court may prevent or restrain, by injunction or otherwise, any violation of this chapter. The department of justice, any district attorney or any person by complaint may institute actions or proceedings to prevent or restrain a violation of this chapter, setting forth the cause and grounds for the intervention of the court and praying that such violation, whether intended or continuing be enjoined or prohibited. When the parties informed against or complained of have been served with a copy of the information or complaint and cited to answer it, the court shall proceed, as soon as may be in accordance with its rules, to the hearing and determination of the case; and pending the filing of the answer to such information or complaint may, at any time, upon proper notice, make such temporary restraining order or prohibition as is just. Whenever it appears to the court that the ends of justice require that other persons be made parties to the action or proceeding the court may cause them to be made parties in such manner as it directs. The party commencing or maintaining the action or proceeding may demand and recover the cost of suit including reasonable attorney fees. In an action commenced by the department of justice, the court may award the department of justice the reasonable and necessary costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation. The department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department or the state under this section. The costs of investigation and the expenses of suit, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh). Copies of all pleadings filed under this section shall be served on the department of justice.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 2000–2024 · leading case: E-Z Roll Off, LLC v. Cnty. of Oneida, 2011 WI 71 (Wis. 2011).
E-Z Roll Off, LLC v. Cnty. of Oneida, 2011 WI 71 (Wis. 2011). “E-Z made no request for an injunction under Wis. Stat. § 133.16 . The circuit court clarified this at the summary judgment hearing: [Counsel for E-Z]: .”
Fed. Trade Comm'n v. Mylan Labs., Inc., 205 F.R.D. 369 (D.D.C. 2002). “17; Wis.Stat.Ann. §§ 133.16, 133.17(1); Wy.Stat.”
E-Z Roll Off, LLC v. Cnty. of Oneida, 2010 WI App 76 (Wis. Ct. App. 2010). “In relevant part, it states: *433 Any circuit court may prevent or restrain, by injunction or otherwise, any violation of this chapter. The department of justice, any district attorney or any person by complaint may institute actions or proceedings to prevent or restrain a…”
California v. Infineon Tech. AG, 531 F. Supp. 2d 1124 (N.D. Cal. 2007). “See Wis. Stat. § 133.16 . And while it does empower the Attorney General to prosecute any and all violations under the act, the antitrust statute does not define the contours of this authority, stating only that the department of justice shall have all powers conferred *1172…”
Wisconsin v. Abbott Labs., Amgen, Inc., 341 F. Supp. 2d 1057 (W.D. Wis. 2004). “18 (ll)(d) (authorizing Department of Justice to bring suit in name of state to enjoin violation of consumer fraud statute); § 133.16 (authorizing Department of Justice to bring suit to prevent or restrain violations of antitrust statute); § 49.”
West Bend Elevator, Inc. v. Rhone-Poulenc S.A., 140 F. Supp. 2d 963 (E.D. Wis. 2000). “18(1) (“[A]ny person injured directly or indirectly ... shall recover ... the cost of the suit, including reasonable attorney fees.”
Wisconsin State Legislature v. Josh Kaul (Wis. Ct. App. 2024). “§§ 133.16, 292.99(2). In my view, such amounts can be awarded by a court when, for example, the terms of a settlement agreement are memorialized in a consent decree or judgment which is entered by a court.”
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