Ind. Code § 7.1-5-5-9

Coercion prohibited; unequitable termination of contract prohibited

Applied in 4 court decisions — leading case Miller Brewing Co. v. Best Beers of Bloomington, Inc. (1993)

Most recently applied in Monarch Beverage Company, Inc. v. David Cook, in his official capacity as Chairman of the Indiana Alcohol and Tobacco Commission (December 2015)

Formerly: Acts 1973, P.L.55, SEC.1

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 9. (a) This section does not apply to product management (as described in 905 IAC 1-5.2-15) by a permittee.

(b) It is unlawful for a permittee to coerce, or attempt to coerce, or persuade another permittee to enter into an agreement, or to take an action, which would violate a provision of this title or of the rules and regulations of the commission.

(c) This subsection does not apply to the cancellation or termination of an agreement under IC 7.1-3-25.5-4. It is unlawful for a beer wholesaler or a primary source of supply to cancel or terminate an agreement or contract between a beer wholesaler and a primary source of supply for the sale of beer, unfairly and without due regard for the equities of the other party.

(d) A person who knowingly or intentionally violates subsection (b) or (c) commits a Class B misdemeanor.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.