Legal Opinion

Mass. Fine Wines & Spirits, LLC v. Alcoholic Beverages Control Comm'n

Massachusetts Supreme Judicial Court

Decided July 24, 2019No. SJC-12654PublishedCited by 2 opinions

1Opinion of the CourtGants, C.J.

**683Under 204 Code Mass. Regs. § 2.04(1) (1993), a regulation promulgated by the alcoholic beverages control commission (commission), a licensed retailer of alcoholic beverages shall not "sell or offer to sell any alcoholic beverages at a price less than invoiced cost," with "[c]ost ... defined as net cost **684appearing on the invoice for said alcoholic beverage."2 Here, the licensed retailer at issue, Massachusetts Fine Wines & Spirits, LLC, doing business as Total Wine & More (Total Wine), sold bottles of liquor and wine at prices that were below the cost listed on the invoices for its…

2Cases cited11 opinions

  1. Cargill, Inc. v. Monfort of Colorado, Inc.Supreme Court of the United States · 1986
  2. Greater Boston Television Corp. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1970
  3. United States v. Container Corporation of AmericaSupreme Court of the United States · 1969
  4. Levy v. Board of Registration & Discipline in MedicineMassachusetts Supreme Judicial Court · 1979
  5. Warcewicz v. Department of Environmental ProtectionMassachusetts Supreme Judicial Court · 1991

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3Cited by2 opinions

  1. Executive Office of Health and Human Services v. Linda Manor Extended CareMassachusetts Appeals Court · 2026
  2. Karila v. EF Education First International, Ltd.District Court, D. Massachusetts · 2022

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