Archive for the ‘Wine Legal Battles’ Category

Oct 7, 2021

Retailer Wine Shipping Has NO RELATIONSHIP TO the Three-Tier System

Tomorrow the United States Supreme Court is scheduled to meet in conference and consider a petition that the Court hear a retailer wine shipping case out of Missouri and the 8th Circuit Court of Appeals. The case is a familiar one. Missouri allows its own wine retailers to ship to Missouri residents but bans out-of-state retailers from doing the same. While not impossible, it is unlikely the Court will take the case. Yet because the implications of the Court agreeing…

Sep 30, 2021

Alabama Wine Regulators Were Taken Over By Special Interests

Not long ago I wrote about the corrupt circumstances of “Regulatory Capture”. In that article, Regulatory Capture was described this way: “Regulatory capture is an economic theory that says regulatory agencies may come to be dominated by the industries or interests they are charged with regulating. The result is that an agency, charged with acting in the public interest, instead acts in ways that benefit incumbent firms in the industry it is supposed to be regulating.” It’s never difficult to…

Sep 7, 2021

Corruption and Regulatory Capture in the Alcohol Industry

REGULATORY CAPTURE Anyone working long enough in the alcohol arena will recognize the system this phrase describes, even if they are unfamiliar with the phrase itself “Regulatory capture is an economic theory that says regulatory agencies may come to be dominated by the industries or interests they are charged with regulating. The result is that an agency, charged with acting in the public interest, instead acts in ways that benefit incumbent firms in the industry it is supposed to be…

Aug 19, 2021

Dear Wine Industry…Signed, Anonymous

What would you tell the federal government about competition in the alcohol industry if you could keep your comments anonymous? This is the question that struck me as I began to look over the nearly 190 comments that have been provided to the TTB in response to the Biden Administration’s announcement it was looking into the subject of “Promoting Competition in the Beer, Wine and Spirits Market.” It began taking public comments in late July. The deadline for sending comments…

Aug 2, 2021

How Grammar Will Have a Multi-Billion Dollar Impact on Wine Sales

Over the past two months, I’ve seen at least four examples of people arguing that banning out-of-state wine retailers from shipping into a state advances a state’s goal of protecting the health and safety of its citizens. The bans on retailer wine shipping do this, it is argued, because it helps keep lower-priced wines out of the states’ markets, which, in turn, lowers consumption of alcohol. This argument leads us to a very important question: What is the difference between…