United States Ninth Circuit
Costco Wholesale Corp. v. Maleng, 06-35538, 06-35542, 06-35543
In a suit brought by Costco alleging that certain restrictions imposed by the State of Washington on the sale of wine and beer are preempted by federal antitrust laws, a judgment primarily against defendants is reversed insofar as it held that most of Washington's restraints on the sale of beer and wine were hybrid restraints subject to preemption under the Sherman Act. The district court's rejection of Costco's challenge to a retailer-to-retailer sales ban is affirmed, as is a conclusion that a post-and-hold scheme was a hybrid restraint of trade that was not saved by the state immunity doctrine or the Twenty-first Amendment.
Appellate Information
- Argued 03/08/2007
- Decided 01/29/2008
- Published 01/29/2008
Judges
Court
- United States Ninth Circuit