Tenn. Comp. R. & Regs. 0100-06-.09 - PROHIBITION ON DISCRIMINATION

(1) No wholesaler, holding a license issued pursuant to T.C.A. § 57-3-203, shall discriminate, directly or indirectly, in price, in discounts on quantity of merchandise sold, between one retailer and another retailer purchasing wine or alcoholic beverages bearing the same brand or trade name and of like age and quality.

(2) The restrictions imposed in paragraph (1), above, shall not prevent a wholesaler from offering wine or alcoholic beverages to a licensee holding a license issued pursuant to T.C.A. § 57-4-101, while not offering such wine or alcoholic beverages to any licensee holding a license issued pursuant to T.C.A. § 57-3-204 or 57-3-803 pursuant to a bona fide marketing plan.

(3) Notwithstanding the prohibitions of paragraph (1), above, a wholesaler may change its pricing on any wine or alcoholic beverage to meet competition, respond to bona fide market conditions, or provide a one-time, introductory offer to a retailer to introduce or promote a new product not previously purchased by such retailer.

(4) Nothing herein shall restrict the ability of a wholesaler to provide a discount to a retailer for quantity purchases or special combination offers so long as such discount is available on similar terms to other retailers.

Notes

Tenn. Comp. R. & Regs. 0100-06-.09

Original rule filed March 10, 2010; effective June 8, 2010. Repeal and new rules filed January 25, 2019; to have become effective April 25, 2019. However, the Government Operations Committee filed a 60-day stay of the effective date of the rules; new effective date 6/24/2019.

Authority: T.C.A. §§ 57-1-201, 57-1-209, 57-3-104, 57-3-202, and 57-4-201.