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
6th Circuit Rules Upholds Ruling That MillerCoors Is Not a Successor Supplier
The 6th Circuit upheld the district court today and ruled that the MillerCoors joint venture was not sufficient to trigger the successor supplier provision that MillerCoors attempted to use to terminate beer distributors. In the opinion the court noted that Miller and Coors exercise control over MillerCoors and do not qualify for the provision in Ohio…Read More
Court Upholds Some, Strikes Some Parts of Texas ABC Code
Yesterday a US District court in Texas ruled on a challenge to various parts of the Texas ABC code. The decision is here. Judge Sparks struck down three provisions of the Texas ABC code for violating the 1st Amendment right to commercial speech. He upheld the equal protection and commerce clause challenges to the Texas code. …Read More
Center for Alcohol Policy Legal Symposium Set for September 11-13 in Chicago
The 4th annual legal symposium is set for September 11-13 in Chicago. The meeting starts with a reception Sunday night the 11th. The meeting will last all day Monday the 12th and end around noon on the 13th. The keynote address will be by Washington Attorney General Rob McKenna. Attorney General McKenna is currently chairman…Read More