113 Nw. U. L. Rev. Online 1 (2018-2019)

handle is hein.journals/nulro113 and id is 1 raw text is: 






Copyright 2018 by Daniel J. Croxall
Northwestern University Law Review                              Vol. 113



CHEERS TO CENTRAL HUDSON: HOW
      TRADITIONAL INTERMEDIATE SCRUTINY
      HELPS KEEP INDEPENDENT CRAFT BEER
      VIABLE


                                                    Daniel J. Croxall


ABSTRACT-Independent craft breweries   contributed approximately $68
billion to the national economy last year. However, an arcane regulatory
scheme  governs the alcohol industry in general and the craft beer industry
specifically, posing both obstacles and benefits to independent craft
brewers. This Essay examines regulations that arguably infringe on free
speech: namely,  commercial  speech regulations that prohibit alcohol
manufacturers from  purchasing advertising space from retailers. Such
regulations were enacted to prohibit undue influence and anticompetitive
behavior stemming from vertical and horizontal integration in the alcohol
market. Although  these  regulations are necessary to prevent global
corporate brewers from dominating the craft beer market at the expense of
independent craft beer and consumer choice, evolving commercial speech
doctrine threatens to invalidate them due to a trend towards increased
protections for commercial speech. Without these regulations, and many
others like them, nothing would restrain global corporate brands from
engaging in illegal pay-to-play conduct to regain lost market share and
force independent craft beer from the shelves and tap handles.

AUTHOR-Assistant Professor   of Lawyering Skills, McGeorge School of
Law;  Director, Capital Lawyering Concentration. Thank you  to Paige
Davidson  and  Jessica Gandara  for powerful research assistance and
insights.


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