McLane Co. v. Davis

Tom Glaze, Justice.

This is the second appeal by appellant McLane Company, Inc., regarding the application of Arkansas’s Unfair Cigarette Sales Act, Ark. Code Ann. § 4-75-701 et seq., (R.epl. 1999) (“the Act”). McLane Company is a wholly owned subsidiary of Wal-Mart Stores, Inc., and a wholesaler of cigarettes and other products. In McLane, Inc. v. Weiss, 332 Ark. 284, 965 S.W.2d 109 (1998) (McLane I), we upheld the Act’s constitutionality, and held it reasonably protects wholesalers and retailers from unfair competition and predatory pricing.

Prior to 1981, the Department of Finance and…