2nd Circuit Rejects Total Wine’s Request for En Banc Review of Their Challenge to Connecticut Pricing Laws

The Second Circuit denied Total Wine’s request for a full en banc review of their unsuccessful challenge to certain parts of the Connecticut alcohol pricing laws.    However, four of the eleven judges signed onto a dissent from the denial of rehearing en banc filed by Judge Sullivan.  Judge Sullivan’s opinion makes it clear that…Read More

The Supreme Judicial Court of Massachusetts Upholds Law Banning Sales Below Costs Against Challenge from Total Wine

The highest court in Massachusetts has upheld the state law that prevents sales of alcohol below costs.   This case stems from an enforcement action against Massachusetts Fine Wine and Spirits (Total Wine) related to the state definition of cost of liquor.   The Court stated: “We conclude that the plain language of § 2.04(1) requires that…Read More

Justice Department Files Brief in Antitrust Case Involving Beer Sales in Canada

This week the Department of Justice filed a brief as Amicus Curiae in support of neither party in the Mountain Crest v. Anheuser-Busch InBev & Molson Coors litigation. This case is currently before the 7th Circuit and the court asked the Justice Department for their views on this interesting legal matter that bridges both antitrust…Read More

Guest Column: 100 Years After the Failure of Prohibition, the Supreme Court Has Opportunity to Prevent Another Federalization of Alcohol Policy

100 Years After the Failure of Prohibition, the Supreme Court Has Opportunity to Prevent Another Federalization of Alcohol Policy On January 16, 2019 the United States Supreme Court will hear oral arguments in the case Tennessee Wine and Spirits Retailers Association v. Blair.   January 16th is a critical date in alcohol policy history because on…Read More

Court Review of ABI-SABMiller Merger Complete, Judge Signs Modified Final Judgment

United States District Court Judge Emmet Sullivan ended the two-year journey for approval of the ABI-SABMiller merger by signing the Modified Final Judgment. Judge Sullivan had this case as part of the Tunney Act review of this merger. The Tunney Act process is designed to give judicial oversight of antitrust merger decisions and settlements. As…Read More