Texas Supreme Court Upholds Prohibition on Cross Ownership in Texas

The Texas Supreme Court ruled in favor of the Texas ABC decision not to grant an alcohol retailer permit to an entity owned by in part by an entity that owns 20% of Heineken.  The 6-2 decision affirming the Texas ABC decision follows similar affirmance from the court of appeals, a district judge and a…Read More

7th Circuit Rules for Indiana in Cold Beer Case

The 7th Circuit finally ruled for the state of Indiana against a challenge by grocery stores related to the regulations on the sale of cold beer.    In its opinion, the court ruled for the state and concluded; “The Association’s policy arguments for allowing cold-beer sales by grocery and convenience stores are matters for the Indiana…Read More

Plaintiffs Seek Rehearing In 6th Circuit Wine/Liquor Fight

The plaintiffs have filed a petition with the 6th Circuit to rehear their Equal Protection challenge to get a court order to allow grocery and convenience stores to sell wine and liquor.  It its brief in support of rehearing the plaintiffs  state:”Rehearing or rehearing en banc is necessary because this matter raises an issue that is…Read More

Justice Department Files Tunney Act Responses

Five entities, including NBWA, filed comments with the Justice Department during the open Tunney Act notice period.  The Justice Department noted and responded to these comments in its filing this week and urged approval of the ABI-Modelo deal.  A copy of their response is here.     A copy of the NBWA comments can be found here.   In response to…Read More

Ruling in First Missouri Franchise Case Test Post Shelton Brothers

A quick post noting that a county court in Missouri has ruled that Major Brands and Diageo had a franchise arrangement under Missouri law and that Diageo wrongfully terminated but determined that monetary damages not an injunction was the proper remedy in this matter.   This case will proceed towards a trial and additional discovery including cross…Read More