Justia Oklahoma Supreme Court Opinion SummariesArticles Posted in Antitrust & Trade Regulation
Institute For Responsible Alcohol Policy v. Oklahoma ex rel. Alcohol Beverage Laws Enforcement Comm.
Oklahoma Senate Bill 608 mandated that manufacturers of the top 25 brands of liquor and wine sell their product to all licensed wholesalers. Appellees, a group of liquor and wine wholesalers, manufacturers, retail liquor stores, and consumers, challenged Senate Bill 608 as unconstitutional, contending it was in conflict with Okla. Const. art. 28A, section 2(A)(2)'s discretion given to a liquor or wine manufacturer to determine what wholesaler sells its product. The district court agreed and ruled Senate Bill 608 unconstitutional. The Oklahoma Supreme Court held SB 608 was "clearly, palpably, and plainly inconsistent" with Article 28A, section 2(A)(2)'s discretion given to a liquor or wine manufacturer to determine what wholesaler sells its product. Furthermore, the Court ruled that SB 608 was not a proper use of legislative authority as Article 28A, section 2(A)(2) was not in conflict with the Oklahoma Constitution's anticompetitive provisions. The district court, therefore, did not err by granting Distributors' Motion for Summary Judgment and ruling SB 608 unconstitutional. View "Institute For Responsible Alcohol Policy v. Oklahoma ex rel. Alcohol Beverage Laws Enforcement Comm." on Justia Law
Sinor’s Bay Marina, LLC v. Wagoner County Rural Water Dist. No. 2
Two customers of Wagoner County Rural Water District No. 2 contested the rate charged for providing water to their respective recreational vehicle parks. The customers complained they were charged more for water service than other businesses, and that this practice discriminated against their recreational park businesses and violated the Oklahoma Antitrust Reform Act. Over the objection of the District, the trial court submitted customers' antitrust claim to a jury who found in favor of the customers. Both the customers and the District appealed the judgment entered on the jury verdict. Upon review, the Supreme Court held that: (1) the Oklahoma Antitrust Reform Act did not apply to rates charged by a rural water district; and (2) a customer's relief to challenge a rate was to seek review by the water district and then to appeal to the district court any adverse decision. View "Sinor's Bay Marina, LLC v. Wagoner County Rural Water Dist. No. 2" on Justia Law