About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1993 Indiana Attorney General Reports and Opinions 1 (1993)

handle is hein.sag/sagin0019 and id is 1 raw text is: STATE OF INDIANA . , ATTORNEY GENERAL INDIANAPOLIS, INDIANA 46204 LINLEY E. PEARSON ATTORNEY GENERAL January 8, 1993 Mr. Daniel M. Steiner Executive Secretary Indiana Alcoholic Beverage Commission 302 W. Washington Street, Room E114 Indianapolis, IN 46204 OFFICIAL OPINION NO. 93-1 Dear Mr. Steiner: This letter is written in response to your request for an advisory opinion on whether or not a Miller Brewing Company proposed 1993 price promotion violates Indiana Alcoholic Bever- age Commission Rule 28 (905 IAC 1-28-1). ANALYSIS The Miller Brewing Company is proposing a pricing pro- gram which would reimburse wholesalers 30 cents for every case of beer they sell to a retailer if those cases are sold within the wholesaler's area of primary responsibility. Wholesalers would receive only 10 cents per case for beer sold in other areas. Rule 28 provides that it is illegal for a brewer to: restrict by agreement or otherwise, the sale or resale of . . . beer or malt beverages to a given geographical area . . . . This sec- tion shall not be deemed to prohibit the des- ignation of an area of primary responsibil- ity, however, efforts to restrict sales to only the designated areas of primary respon- sibility are deemed to be prohibited. Rule 28 (905 IAC 1-28-1) specifically provides, This section shall not be deemed to prohibit the designation of an area of primary responsibility. What Indiana Alcoholic Bever- age Commission Rule 28 does prohibit is the establishment of exclusive sales territories.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most