A state Court of Appeals decision recently upheld a Texas law concerning the sale of a brewery's distribution rights under the state's three-tiered system. The Institute for Justice, which is representing the breweries challenging the law, plans to appeal to the state Supreme Court:
"Three Texas brewers are going back to battle with the state after an appeals court reversed a decision that would have allowed them to sell their distribution rights for monetary compensation.
In 2014, Peticolas Brewing Co. (Dallas), Revolver Brewing (Granbury) and Live Oak Brewing Co. (Austin) sued the Texas Alcohol and Beverage Commission, saying a newly passed law related to who could sell a brewery's distribution rights was unconstitutional. The mandate, which passed in 2013 with a bundle of other beer regulation reforms, said breweries may not accept payment for contracting with a distributor, but that a distributor could get a payout if it sold those same territorial rights to another distribution company.
Last year, a judge served victory to the breweries. But on Dec. 15, the Texas Third Court of Appeals reversed that decision. It stated, in part, the law does not prevent the brewers from successfully operating their businesses and that it also upholds the industry's three-tier system, which aims to avoid conflicts of interest between alcohol manufacturers, distributors and retailers.
The decision will be appealed to the Texas Supreme Court, according to a statement from Institute for Justice, which is representing the breweries..."