California CodesBusiness and Professions Code - BPCDivision 9 — Alcoholic BeveragesChapter 12 — Beer Price Posting and Marketing RegulationsSection 25000.9

(a) Any beer manufacturer who unreasonably withholds consent or unreasonably denies approval of a sale, transfer, or assignment of any ownership interest in a beer wholesaler’s business with respect to that manufacturer’s brand or brands, shall be liable in damages to the beer wholesaler. Recoverable damages under this section shall not exceed the compensatory damages sustained by the wholesaler and the wholesaler’s costs of suit. The fair market value of the beer wholesaler’s business shall include, but is not limited to, its goodwill, if any.

(b) If a beer wholesaler has been paid a consideration by a successor wholesaler for the sale, transfer, or assignment of the beer wholesaler’s interest in the sale or distribution of the affected brand or brands, the beer manufacturer shall be liable only for compensatory damages in an amount reflecting the difference in the amount already paid to the beer wholesaler, and the fair market value of the beer wholesaler’s business with respect to the affected brand or brands.

(c) For purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license.

Notes

Requires a beer manufacturer that unreasonably withholds consent or denies approval for a sale, transfer, or assignment of an ownership interest in a wholesaler business involving its brands to pay damages, capped at compensatory damages plus suit costs. If a successor paid consideration, liability is limited to the difference from fair market value; manufacturer includes specified license and certificate holders.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 25000.9 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-9/chapter-12/section-25000-9

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