Costco Decision: Big Win! Appeals Court Reverses Lower Court for Most Part

US Appeals Court sez "we reverse the judgment" of Dist Court that "held most of Washington's restraints on the sale of beer and wine were hybrid restraints subject to preemption under the Sherman Act." That's a big win for state and distribs. But Appeals Court affirms that Wash "post and hold" scheme is a "hybrid restraint" that is "not saved by the state immunity doctrine or the Twenty First Amendment." And also affirms rejection of Costco's challenge to retailer-to-retailer sales ban. Click here to read the full decision.