Cadena Comercial USA Corp. D/B/A Oxxo v. Texas Alcoholic Beverage Commission

in which Justice Green, Justice Guzman, Justice Lehrmann, Justice Devine, and Justice Brown joined. Phil Johnson, Justice

This case requires us to interpret Texas’s “tied house” statutes that prohibit overlapping ownership between the manufacturing, wholesaling, and retailing segments of the alcoholic beverage industry.

Fomento Económico Mexicano, S.A.B. de C.V. (FEMSA) owns 20% of the stock in two Heineken companies which in turn own breweries. The brewers hold non-resident manufacturer’s permits in Texas. FEMSA also owns, through intermediate holding companies, 100% of Cadena Com-ercial USA…