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1992 Delaware Attorney General Reports and Opinions 1 (1992)

handle is hein.sag/sagde0032 and id is 1 raw text is: STATE OF DELAWARE
DEPARTMENT OF JUSTICE
STATE OFFICE BUILDING
CHARLES M. OBERLY, III  820 N. FRENCH STREET, 8TH FLOOR  DIRECT DIAu
ATTORNEY GENERAL         WILMINGTON, DELAWARE 19801
577-2500
January 16, 1992
The Honorable George E. Hale
Department of Administrative Services
Margaret M. O'Neill Building
P.O. Box 1401
Dover, DE 19901
Re: Quantity Discounts to Alcoholic Beverage Retailers
Informal Opinion No. 92-CO01
Dear Secretary Hale:
You have asked whether the Delaware Alcoholic Beverage
Control Commission (the Commission) had the authority to
promulgate rules which prohibit importers of alcoholic beverag-
es from giving quantity discounts to the retailers they sell
to, and whether such rules violate the Sherman Act or enjoy
immunity from that Act by virtue of the state action doctrine
of the Twenty-first Amendment of the United States Constitu-
tion. For the reasons which follow, we conclude that, while
there is some question as to the validity of these rules given
the trend in recent case law, prudent regulatory oversight
enhances their enforceability.
Specifically, Commission Rules 29 and 29.1 provide that
importers must post the prices which they charge retailers for
alcoholic beverages. The prices are posted for single units of
the beverage to be offered for sale. For example, the price

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