Anheuser-Busch Loses Key Battle in Kentucky

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Since Prohibition, Kentucky brewers have not been allowed to own their own distributors. Like many states throughout the United States, Kentucky implemented a three-tier system that separates the alcohol industry into manufacturers, distributors and retailers.

Notwithstanding this in-state brewery and distributor ownership prohibition, the current law in Kentucky does allow Anheuser-Busch and other out of state breweries to own distributors. In fact, Anheuser-Busch owns two distributors in Kentucky, one in Owensboro and one in Louisville; but, this may be about to change.

A bill passed the House yesterday by a vote of 67-31 that would disallow Anheuser-Busch from owning these two distributors and prohibit out of state breweries from owning distributors in Kentucky. This bill was prompted by a court decision last fall that allowed Anheuser-Busch to own the distributor in Owensboro.

There was some debate on whether to include a grandfather provision in the bill, but this amendment failed during the debate Tuesday evening. While this is a big win for the craft beer segment of the industry, the legislation will not be signed into law unless it is also passed by the Senate.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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