Tag Archives: Three-tiered system

February 14

Final Briefs Filed as Craft Brewers’ Fight to Terminate Distribution Agreements in Ohio Rolls On

When last we wrote about the ongoing attempts by Great Lakes Brewing and Boston Beer Company to terminate their distribution arrangements with Souther Glazer’s in Ohio, Great Lakes had just filed its appellate brief looking to overturn the order that the District Court entered forcing it to keep selling to Southern Glazer’s.  The beauty of […]

January 20

Oral Argument Video of Challenge to Alcohol Advertising Tied-House Regulations at 9th Circuit

As we said we would yesterday, here is the video of the oral argument that happened yesterday in Retail Digital Network, LLC, v. Director of Alcoholic Control Board, Applesmith (link is to our post from yesterday describing the case and why it is important to advertisers and brewers, vintners, and distillers.

January 19

Tied-House Challenge To Allow Alcohol Advertising Payments to Retailers Has Oral Argument In Front of En Banc 9th Circuit – Here’s a Live Link!

Officially, you can view 9th Circuit oral arguments here the day after they occur.  But that’s really not good enough, is it.  So here is a Youtube Link to be able to watch the Courtroom Session as it occurs.  The arguments are set for 1:00 p.m. Pacific Time today. In case you’ve had your head […]

January 18

Is it really a “tied-house” if your alcoholic beverage category isn’t sold by the retailer?

In a recent and interesting challenge to the three-tiered system’s prohibition on “tied-houses” a winery owner looking to maintain an interest in some Iowa convenience stores made an interesting argument:  since the convenience stores only sold beer and not wine, the mutual ownership didn’t violate the Iowa prohibition on tied-houses. Iowa, like most states has […]

Challenge to The 3-Tier System Inevitable as Illinois Legislature Introduces Bill to Revoke Anheuser’s Stake in City Beverage

Illinois could soon find itself again at the center of the ongoing national debate over the three-tiered system.  And that debate will involve the same two parties as last time. I’m sure you all recall the 2010-2011 Anheuser Busch case in Illinois where a Federal District Court found that a previous iteration of Illinois’ Liquor […]

Three-Tiered System Economically Irrational – So Says Ohio Court

Sometimes you can’t make this stuff up.  Here’s an opinion from the Fifth District Court of Appeals in Ohio in the case of Esber Beverage Company v. The Wine Group.  The opinion upholds a district court’s ruling that under the Ohio Alcoholic Beverage Franchise Act finding that a wine manufacturers justification of wanting to have […]

An Interesting Argument for Strict Scrutiny Analysis of the Three-tiered System

There’s an excellent piece of legal scholarship floating around the alcoholic beverage law boards recently from Amy Murphy at the University of Michigan’s School of Law.  Amy’s case note “Discarding the North Dakota Dictum: An Argument for Strict Scrutiny of the Three-tier Distribution System” was recently published in the University of Michigan Law Review. The […]