New Law Review Article Offers Comprehensive Overview of 21st Amendment and the Commerce Clause

A large number of law review articles addressing the 21st Amendment take a very narrow view of the amendment as part of on going policy fights related to alcohol regulation.  So, it is refreshing to see a new law review article that gives a more balanced history on the interaction between the 21st Amendment and…Read More

New Study Measures Effectiveness of Various State Alcohol Polices on Preventing Adult Binge Drinking

A new study has been published comparing certain state alcohol polices and ranking their effectiveness in fighting adult binge drinking. The study published in the American Journal of Preventative Medicine, “A New Scale of the U.S. Alcohol Policy Environment and Its Relationship to Binge Drinking” seeks to develop a scale, the Alcohol Policy Scale (APS),…Read More

DOJ Responds to Amicus Briefs in ABI-SABMiller Merger Review

  Although the DOJ filed its Complaint and proposed Consent Order in July 2016, the review of the ABI-SABMiller merger still has not completed its required Tunney Act review.  Yesterday, the Justice Department responded to the amicus briefs filed by the National Beer Wholesalers Association, Brewers Association, Yuengling, Teamsters, and Consumer Action and Consumer Watchdog and urged the court to…Read More

Iowa Court of Appeals Upholds Iowa Cross Tier Ownership Law

  The Iowa Court of Appeals has upheld a district court decision that upheld the decision of the Iowa Alcohol Beverages Division to deny a beer retail permit renewal due to a violation of the Iowa laws prohibiting ownership across the supplier, distributor and retailer tier. The opinion authored by Judge Vogel  dismissed the constitutional challenges…Read More

Second Circuit Holds Oral Argument on Antitrust Challenge to Connecticut Liquor Laws

On February 1, 2018, the 2nd Circuit held oral argument on the appeal by Connecticut Fine Wine and Spirits (Total Wine).   The argument was scheduled for 24 minutes but was extended due to the court’s questioning and interest in the case.  Total Wine has argued that the laws on price posting, price hold, price discrimination, and minimum…Read More