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Tex. Alco. Bev. Code § 102.72

PURPOSES

Known as the Malt Beverage Industry Fair Dealing Law

The act spans §§ 102–102 (12 sections).

Applied in 2 court decisions — leading case Nauslar v. Coors Brewing Co. (2005)

Most recently applied in Gambrinus Co. v. Galveston Beverage, Ltd. (May 2008)

Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff

(a) This Act is promulgated pursuant to authority of the state under the provisions of the 21st amendment to the United States Constitution to promote the public's interest in the fair, efficient, and competitive distribution of malt beverages within this state by requiring brewers and distributors to conduct their business relations so as to assure:

(1) that the malt beverage distributor is free to manage its business enterprise, including the right to independently establish its selling prices; and

(2) that the public, retailers, and brewers are served by distributors who will devote their reasonable efforts and resources to the sales and distribution of all the brewer's products which the distributor has the right to sell and distribute and maintain satisfactory sales levels in the sales territory assigned the distributor.

(b) This Act shall govern all relations between brewers and their distributors, including any renewals or amendments to agreements between them, to the full extent consistent with the constitutions and laws of this state and the United States.

(c) The effect of this Act may not be varied by agreement. Any agreement purporting to do so is void and unenforceable to the extent of such variance only.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.