Total Wine files reply brief requesting Supreme Court hear antitrust dispute over alcoholic beverage post-and-hold, minimum pricing, and discount and rebate laws. Bonus: we’ve got the brief for you.

As we’ve written before, a liquor store, Connecticut Fine Wines (the Connecticut arm of Total Wine) had an issue with some of Connecticut’s alcoholic beverage laws. Specifically, they brought suit challenging Connecticut’s post-and-hold laws, minimum pricing laws, and restrictions on volume discounts and rebates for alcohol sales. The liquor store chain lost at the Second Circuit, but their loss sparked a scathing dissent from Judges who would have granted them an en banc review of their appellate loss. 

Given the strength of the dissent, the liquor store filed a petition for certiorari with the United States Supreme Court requesting the court take up this important alcoholic beverage sales case, and briefing on that petition has now concluded.

  • 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.
  • You can read the full reply brief that the liquor store filed in support of its petition for certiorari in this alcoholic beverage antitrust matter here.
  • You can read our take (largely positive) on the dissent from the en banc decision here.
  • Liquor lawyers and you can follow the Supreme Court’s docket for Connecticut Fine Wine and Spirits LLC dba Total Wine & More v. Connecticut here.

Ashley Brandt

Hi there! I’m happy you’re here. My name is Ashley Brandt and I’m an attorney in Chicago representing clients in the Food and Beverage, Advertising, Media, and Real Estate industries. A while back I kept getting calls and questions from industry professionals and attorneys looking for advice and information on a fun and unique area of law that I’m lucky enough to practice in. These calls represented a serious lack of, and need for, some answers, news, and information on the legal aspects of marketing and media. I've got this deep seeded belief that information should be readily available and that the greatest benefit from the information age is open access to knowledge... so ... this blog seemed like the best way to accomplish that. I enjoy being an attorney and it’s given me some amazing opportunities, wonderful experiences, and an appreciation and love for this work. I live in Chicago and work at an exceptional law firm, Goldstein & McClintock, with some truly brilliant people. Feel free to contact me at any time with any issues, comments, concerns… frankly, after reading this far, I hope you take the time to at least let me know what you think about the blog and how I can make it a better resource.

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