Commerce Clause & Twenty-First Amendment Analysis: Midwest Beverage Distributor

Case Study:
Commerce Clause & Twenty-First Amendment Analysis
Midwest Beverage Distributor


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.

Sales and Financial Analysis for Expert Report: Alcoholic Beverage Distiller and Importer

Case Study:
Sales and Financial Analysis for Expert Report
Alcoholic Beverage Distiller and Importer
 


One of the nation’s leading distillers and importers of wine and liquor, with operations across the United States, retained Anderson Economic Group when a dispute arose with a former distributor in the State of Missouri. At issue was whether the distributor’s rights under franchise law were infringed on when its contract was terminated.

Anderson Economic Group used it extensive background in market analysis and franchised retailing, along with its knowledge of the three-tiered distribution system of alcoholic beverages in the United States, to prepare an expert report for use in litigation in US District Court. The report addressed the economic basis of a franchise agreement; the common-law understanding of the rights and obligations of each party; and whether the distiller and importer had properly terminated its franchised distributor. Using advanced economic and financial techniques and a sophisticated graphical and mathematic analysis of the available sales data, we were able to provide a report showing the relevant basis for termination, based on both legal and performance grounds.

Subsequent to the provision of the report, our client was offered favorable terms for a settlement.

Business and Brand Valuation Assessment: Leading Brewer and Importer


A leading importer and brewer of top-selling beer brands from Europe, Canada, and Mexico, asked for Anderson Economic Group to provide an analysis of a Nevada-based distributor’s valuation claims, and to help determine the information needed to prepare a complete valuation report.

Our report evaluated the market area of a distributor, its sales patterns, and the financial statements needed to prepare an assessment of damages or valuation report. We found the distributor to be missing important information from its valuation, and worked with our client to determine the strategy needed to complete an accurate valuation or lost profit calculation. Specific attention was given to the importance of brand values in the alcoholic beverage industry.

 

Valuation of Beer Distributors: North American Beer Importer

Case Study:
Valuation of Beer Distributors
North American Beer Importer


Anderson Economic Group was retained by a beer importer to estimate the fair market values of several distributors of their product in the New York City area. By “fair market value,” we mean the price a willing buyer would pay to a willing seller, both possessing adequate information, for the economic value of the line of business. The valuation was done using the best available information, and well-accepted methods of estimating the economic value of a firm. However, certain unique characteristics of the market affected the value of each distributor, and adjustments were made for discounts and for premium factors of marketability, barriers to entry, scale, uniqueness of distribu­tion system in the state, per-capita consumption and other market patterns, “bottle law” factors, and dominance of brands.

We produced a report with sections for each distribu­tor, for use by the importer in improving its distribution network and in negotiations with its distributors.