Heineken U.S.A., Inc. v. Alcoholic Beverages Control Commission

We consider whether a supplier of alcoholic beverages may terminate sales to a wholesaler, who appears to have *568gone out of business, without giving “notice of discontinuance of sale,” as provided by G. L. c. 138, § 25E.2 After hearing, the Alcoholic Beverages Control Commission (commission) determined that Heineken U.S.A., Inc. (Heineken), had violated the provisions of § 25E when it discontinued the distribution of its brand items to Fahey Beverage Company, Inc. (Fahey), in May, 1999, without giving the statutorily required notice. Because the commission found that Heineken’s November 17,…