One of the Midwest’s largest distributors of beer, wine, and spirits, serving 36,000 locations in multiple states, had a Michigan affiliate that was prevented from full participation in the Michigan spirits distribution market due to a provision in the Michigan Liquor Control Code.
Anderson Economic Group was retained by the distributor to provide expert analysis for a suit filed against the state of Michigan. Out team prepared a preliminary report and affidavit which described how the state law was violating the Commerce Clause of the United States Constitution. The report discussed the peculiarities of the wine industry; the importance of nationally-established standards and laws in all types of commerce; and the intersection between the XXI Amendment and the Commerce Clause.
After a unsatisfactory hearing at the district court level, our client is considering an appeal, based partially on the factual record established by our report.