Publications
“Does the Sherman Act Preempt State ‘Post-and-Hold’ and Other Liquor Pricing Laws?”
Senior Counsel Robert Langer and Partner Benjamin Diessel co-authored a piece for the Pricing Conduct Committee of the American Bar Association Antitrust Law Section. The article addresses their successful efforts on behalf of their client, the Wine & Spirits Wholesalers of Connecticut, Inc., to defend the constitutionality of certain Connecticut liquor pricing laws through the denial of certiorari by U.S. Supreme Court. Bob and Ben discuss the key reason why the Second Circuit was correct in sustaining the validity of the Connecticut laws against a challenge that the statutes were preempted by the Sherman Act. Importantly, the article explains clearly and concisely why the decisions in the two other circuits that ruled comparable state statutes unconstitutional were analytically flawed.
To read the article, click the PDF below.
