Connecticut Fine Wines requests U.S. Supreme Court review denial of its antitrust suit over post-and-hold, volume discount and minimum pricing restrictions.
You can read the petition for certiorari here. You saw this coming as the circuit split on this issue is real and the dissent to the denial of an en banc rehearing was powerful.
Connecticut Fine Wines (the Connecticut arm of Total Wine) is taking umbrage (rightfully so) with the recent en banc Second Circuit denial for a rehearing of the opinion that did away with their antitrust challenge to Connecticut’s post-and-hold laws, minimum pricing laws, and restrictions on volume discounts and rebates for alcohol sales.
You can read our analysis of the initial opinion and get some background on the different provisions regarding alcohol sales that Connecticut Fine Wines was challenging here.
The petition of this alcohol retail sales practices case to the United States Supreme Court received a shot in the arm from a recent dissent to the denial for en banc rehearing that took the 2nd Circuit to task for relying on weak and poorly reasoned and supported precedent.
You can read our take (largely positive) on the dissent from the en banc decision here.