2nd Circ. Tussle Distills Court Divide On Booze Laws
Law360 (September 11, 2019, 8:59 PM EDT) -- Sharp disagreements in the Second Circuit over whether a Connecticut liquor law runs afoul of antitrust law, recently exposed in a bitter dissent, highlight a circuit split that some experts predict will be taken up by the U.S. Supreme Court.
A three-judge panel upheld the law in February by batting down a retailer's challenge to three parts of Connecticut's liquor sales law, including a controversial "post and hold" provision that lets wholesalers match each other's prices. The panel rejected the retailers' claim that the provision forced wholesalers into illegal price-fixing deals.
The Second Circuit judges cemented that finding on Friday by denying...
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