7th Circuit Upholds Indiana Law Restricting Different Types of Wholesaler Licenses

The 7th Circuit rejected an Equal Protection claim by a beer wholesaler prohibited from seeking a liquor wholesaler permit. In an opinion by Circuit Judge Sykes the 7th Circuit upheld the district court decision to reject the plaintiff’s claim. The court first noted, “We are again asked to decide whether an aspect of Indiana’s alcohol regulation system violates the Equal…Read More

En Banc Panel Upholds California Tied House Law Against First Amendment Challenge

In a 10-1 decision, an en banc panel of the 9th Circuit overruled a previous three judge decision of the Ninth Circuit and reinstated a district court decision that upheld a California alcohol law regulating the payment between suppliers/wholesalers and retailers. In the opinion authored by Judge Paez the opinion noted that the Supreme Court’s Central Hudson…Read More

Court Rules for Connecticut and Against Total Wine in Antitrust Challenge

United States District Court Judge Janet Hall upheld various Connecticut laws from antitrust challenges brought by Connecticut Fine Wine and Spirts which most of us know as Total Wine.  In her thorough 40 page opinion granting the state and intervenors’ motions to dismiss, Judge Hall methodically went through the challenges and held: “Total Wine’s challenges to the post and hold…Read More

8th Circuit Reverses Win for Missouri on Alcohol Advertising

The 8th Circuit has ruled that a district court was wrong to grant a 12(b)(6) motion to dismiss brought by Missouri against a complaint by the Missouri Broadcasters Association. The District Court opinion is here. The Missouri Broadcasters brought a challenge to three provisions of the Missouri alcohol code. The challenged provisions were laws that prohibit…Read More

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