louisdog wrote:I don't know much about the liquor side of things only beer. The state had to change its directs shipping rules on alcohol becuase of the Granholm decision by the Supreme Court, which basically made Illinois law unconstitutional.
Right, but the unconstitutional part was not direct shipping, it was the differential rules for in and out-of-state producers. When that ruling came down many naive Wine drinkers and beer drinkers applauded, thinking that States would have to allow out-of-state shipping just like they do for in-state producers, resulting in a more open market and greater access to variety. What they didn't count on was that lawmakers would remedy the inconsistency by doing just the opposite, eliminating in-state producers' ability to direct ship, thus further reducing consumer choice and
variety, especially to small producers.
In what way do you mean that they can't negotiate better deals? I know that they can't just pull out of a distributor like you said, but a producer can still leave a distributor.
The 1982 Beer Industry Fair Dealing Act states that "No brewer may cancel, fail to renew or otherwise terminate an agreement, unless [they have] good cause". And "good cause" requires that the brewers be able to prove in a court that the distributor "has failed to comply with essential and reasonable requirements imposed upon the wholesaler or affected party by the agreement."
This means that brewers must continue and renew their relationship with a distributor, unless they can prove that the distributor violated a specific and "essential" part of the agreement. They cannot choose to take their business elsewhere to get a better deal, change to someone who takes better care of their product, or moves their product more effectively, or is just easier to deal with, etc.. Also, since threat of taking one's business elsewhere is about the only leverage a producer has to negotiate a better agreement later on with their distributor, their inability to leave eliminates any plausible ability to even demand a better agreement due to changes in the market, etc.. BTW, the 1999 Wirtz law regarding wine and liquor used the same language but made the de-facto restriction on modifications to an existing agreement explicit, stating that producers cannot use a distributors refusal to renogiate as a basis for cancelation.
Furthermore, the law goes on to say that even when a brewer can achieve the high bar of proving "good cause", they must first attempt to arbitrate with the distributor before leaving, and when this fails they must give 3 months notice that they will leave. In which time, the distributor can choose to sue if he thinks the producer cannot prove "good cause" or cannot prove "a good faith effort to arbitrate".
If distributor A wants something that distributor B has A can purchase it from B. That does happen quite often.
Well sure, distributors are free to act in their best interest, and on occassion that may work to the producer’s best interest. Of the more than a dozen or so restrictions in this 1982 Bill, only 1 restricts what distributors can do. But what you are saying is that if a new distributor wants your account and is willing to pay off your old distributor, and your old distributor is willing to let you go to his competition, then you may change. Free at last!!! Even this scenario, obviously still gives all the power over your product to distributors, old and new.
If [retailers] are buying some to warehouse it and lock in the lower price, how much do you think of that savings is passed on to the customer. I would argue most of the money goes into the retailers pocket.
Sure, they are doing it for their own profit. But if they can offer lower prices as a result, they will sell more and make more profit still.
I don't know if Sam's prices were lower due to this wearhousing or any of their other "crimes", but I know that on 90% of the products I've been buying there over the past decade they had been lower than anyone else in town, and since this crackdown was in the works over the past year, their prices have increased at a notably faster rate (although so has fuel and everything else, so I won't assert causation there).
Also to a lesser extent, with beer the distributor is also responsible for the freshness of a product and with most domestic beers that is 110 days from the time of brewing. What if an retailer warehouse too much and it goes out of date, then the distributors is paying the price for that when they have to pick up the beer and destroy it.
I agree that's a valid concern, but not a justification for the law. With some exceptions, freshness usually matters with beer. But that is a concern for consumers and distributors to take up with the retailers in free market negotiations (if such things were allowed). What about brewers whose beer goes bad in the distributor’s wearhouse? From what I've read so far, the distributor has far more leverage with their retail accounts than the brewers have with the distributor in the same circumstance.
As for the Sam's issue, it may have been Wine and Liquor they were wearhousing, and freshness isn't so critical with Wine and Liquor (cue Steve Martin in The Jerk, "Waiter, Bring us some FRESH wine!!)
I little mood lightener