Whitehall Co. v. Alcoholic Beverages Control Commission

Whitehall Company, Ltd. (Whitehall Company), seeks reversal of a ruling by the Alcoholic Beverages Control Commission (commission) that a proposed discount to be offered by the company’s Whitehall-Cape Cod Division (Whitehall-Cape Cod), but not by its other two divisions, is discriminatory and in violation of G. L. c. 138, § 25A. Section 25A provides that “[n]o licensee authorized under this chapter to sell alcoholic beverages to wholesalers or retailers shall discriminate, directly or indirectly, in price, in discounts for time of payment or in discounts on quantity of merchandise sold,…