Justice Department Responds to Public Comment on ABI-SABMiller Merger

(January 13, 2017)  The Justice Department has responded to public comments filed by 12 parties (including NBWA) on the Justice Department’s Proposed Final Judgment (PFJ).  The PFJ and Consent Order was finalized between the Justice Department, SABMiller and ABInBev in July, 2016. In the response, the DOJ did not modify the PFJ and will soon move to ask Judge Sullivan to…Read More

9th Circuit Grants En Banc Review in Retail Digital Network Case

In a very important development, the 9th Circuit has issued an order granting en banc review of a 3 judge panel on the Retail Digital Network litigation.   This litigation by Retail Digital Network challenges California “tied house” laws restricting direct or indirect payments to retailers as a violation of the First Amendment.   The state of California…Read More

Iowa Wins Challenge to Cross Tier Ownership Laws

The State of Iowa has won a challenge by a beer retailer whose license was not renewed when the state learned that the retailer was owned in part by a winery. In New Midwest Rentals, LLC d/b/a Des Moines Valero #204 vs. Iowa Department of Commerce, Alcohol Beverage Division Iowa state district court judge David May…Read More

Key Provisions of the Justice Department’s Consent Order With ABInBev and SABMiller

Guest Column by Paul Pisano, NBWA The Department of Justice (DOJ) has proposed a Final Judgment approving a settlement (Proposed Final Judgment or PFJ) between the DOJ, ABInBev (ABI) and SABMiller (SAB), which allowed the parties to consummate the largest beer industry merger in history. While the deal is already closed, the settlement agreement has…Read More

Idaho Court Rules Against Effort to Restrict 10 Barrel Brewpub in Idaho

A state district court ruled against the distributor challenge to the Idaho State Police’s interpretation of Idaho’s small brewer definition.  The Court noted the confusing language in the sections of Idaho code but concluded, “Whatever the legislature intended, it did not preclude an international giant in the industry from buying out the local competition of brewers…Read More