Fashion Counsel: Pricing Strategies and Antitrust Considerations
Pricing Strategies and Antitrust Considerations
From Business Viability and Cashflow Analysis to First Payment Rights — Restructuring and Bankruptcy Considerations for the Food, Beverage and Agribusiness Industry
In a matter of first impression, the Supreme Court of New York held that protections afforded to beer wholesalers under the New York Alcoholic Beverage Control Law (“NY ABC Law”) obligate an importer to honor a distribution...more
The Massachusetts Senate recently passed a bill that would bring an end to a hard-fought dispute between the craft brewery industry and distributors. The pending legislation represents a significant compromise between the two...more
The Mississippi Supreme Court ruled that a beer manufacturer’s “match and redirect” provision in an agreement with a wholesaler violated the state’s Beer Industry Fair Dealing Act (BIFDA). Anheuser-Busch’s contract said if...more
On July 5, 2019, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued TTB Industry Circular 2019-2 advising that certain eligible beer, wine, and spirits wholesalers and importers shall have until December 31, 2019 to...more
Senate appropriators worked on the budget bill behind closed doors this week and both houses considered a variety of bills prior to leaving for the Memorial Day holiday. Budget Bill (H966) - After passing the House on...more
A new law in Delaware sheds some light on potential changes that could benefit many of the most popular breweries in Massachusetts. Delaware House Bill 373 was signed into law on June 7th, allowing craft breweries—as well as...more
With the influx of craft breweries, wineries, distillers and wholesale distributors popping up everywhere, there are several issues that have come to light regarding regulatory compliance. These entities that have obtained a...more
Earlier this year, I wrote a post on three bills aimed at reforming the Massachusetts beer franchise law. A revised version of one of those bills, backed by beer wholesalers and with a concession to brewers, recently moved...more
On March 20, 2018, a federal district court in Texas issued an opinion in Deep Ellum Brewing, LLC, et al. v. Texas Alcoholic Beverage Commission. The court delivered a blow to Texas craft brewers, upholding Texas’ prohibition...more
Earlier this month, a Massachusetts Superior Court judge granted beer wholesaler Craft Beer Guild, LLC’s (Craft) motion to dismiss a civil suit, Shelton Bros., Inc. v. Craft Beer Guild, LLC d/b/a Craft Brewer’s Guild, brought...more
The Georgia Department of Revenue released a proposed rule Monday that would allow breweries in Georgia to charge different fees for admission on tours based on the amount of free tastings and the free souvenir. This...more
On Wednesday, February 25, 2015, the U.S. Court of Appeals for the Third Circuit issued its opinion in Frank B. Fuhrer Wholesale Co. v. MillerCoors LLC, No. 14-1008 (3d Cir. 2015), finding in favor of MillerCoors LLC...more
In This Presentation: - The Choice: Brewery Self Distribution or Wholesaler Distribution - The Beer Franchise Law - Goals of Distribution Agreement - Checklist for Agreement - Excerpt from...more