Leegin’s Impact (If Any) On State Alcohol Regulations
Law360, New York (October 29, 2008, 12:00 AM EDT) -- Recently, the Ninth Circuit Court Of Appeals addressed whether certain regulations of the State of Washington, which imposed restrictions on the distribution of beer and wine in that state, are preempted by the federal Sherman Act: Costco Wholesale Corporation v. Maleng, 522 F.3d 874 (9th Cir. April 1, 2008).
The Washington regulations are typical of many states that have adopted a three-tier system.
For example, Washington prohibits distributors from offering volume discounts to retailers and requires each sale, from producer to distributor and then from distributor...