324 Liquor Corporation is a retail liquor and wine dealer. In New York, the wholesalers establish the prices for retail sales and the State Liquor Authority enforces those prices. 324 was cited for violations when it sold a State Liquor Authority
investigator a bottle of Chatham Gin for $9.45 (the price was to be $9.65 ) and a bottle of Smirnoff for $11.59 (the price was to be $11.89). At the hearing, 324 contends that the statutory scheme for regulating prices violates the antitrust laws. Is 324 correct?
A state can regulate prices, but it is the state and not the wholesalers who must regulate those prices. The setup in New York affords too much control to the businesses and will not be exempt from the antitrust laws with such a form of setting prices.
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