Archive for the ‘Wine Legal Battles’ Category

Aug 8, 2019

Archaic Booze Distribution Laws and Distributors Harming Industry

After consumers’ demand for easy access to alcohol products via direct shipping is satisfied, the most important issue facing the alcohol industry is self-distribution—wineries, brewers and distillers possessing the right to self-distribute their products in-state and over state lines directly to retailers and restaurants rather than be forced to use wholesalers. Michigan brewers want to address this issue now, but as always they are opposed by greedy, rent-seeking wholesalers who can’t make a reasonable or rational case for their protected…

Jul 17, 2019

The Flip-Flopping Response to the Supreme Court Wine Case

When you read or hear a group or person issue forth with a non-sequitur, the first thing you ought to ask is, why are they not addressing the point or the issue. Emma Balter writing for the Wine Spectator has done a really great job of covering the process and implications of the Supreme Court’s recent ruling in Tennessee Wine v Thomas—the ruling that declared states may not abuse their 21st Amendment powers to discriminate against out-of-state retailers. In her…

Jul 3, 2019

The State of Michigan and Their Wine Wholesalers Pursue Optimism in the Courts

In a move representing extraordinary optimism, the state of Michigan yesterday announced it would appeal a Federal District Court decision from last fall that ruled unconstitutional that state’s ban on wine shipments from out-of-state retailers. The case, Lebamoff v Snyder, is being appealed to the 6th Circuit Court of Appeals. This is the same Federal Appeals Court that ruled Tennessee’s residency requirement unconstitutional based on the holding that the 2005 Granholm Supreme Court decision barring states from passing laws that…

Jun 28, 2019

The Real Meaning of the Tennessee Wine Supreme Court Decision

What’s absolutely clear from Wednesday’s Tennessee Wine v. Thomas Supreme Court decision is that the case was clearly originally taken by the Court for one reason and one reason only: To state clearly that the 2005 Granholm v Heald Supreme Court decision with its non-discrimination and anti-protectionism principles that altered the direct shipping landscape applies equally to retailers as it does to wineries. One wonders how long the Court has been waiting for a case to make this point. As…

Jun 18, 2019

Toward Better Liquor Control in an Age of Wholesaler Dominance

With the recently announced merger of wine and spirits distributor Young’s Market with Republic National Distributing, we now have three companies that control more than 60% of wine and spirits distribution market in the United States: Southern Glazers, the new Republic-National-Youngs, and Breathru Beverage. It has long been a near unbreakable tenet and motivation of state alcohol regulation that no single company be allowed to control too great a portion of the market. Back in 2017, for example, when state…

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