A Suffolk Superior Court judge this week ruled in favor of Total Wine & More in a case surrounding the issue of liquor pricing.
Suffolk Superior Court Justice Robert Gordon on Monday overturned a state suspension of the retailer’s alcohol licenses at its Natick and Everett stores, saying the suspension wasn’t based on rational, anti-competitive pricing practices continually enforced by the legislature. The retailer also has a store in Shrewsbury.
The Natick and Everett stores had their licenses suspended for 11 days after the Alcoholic Beverages Control Commission in January found Total Wine sold alcoholic beverages at prices below what they were charged for on their invoice, court documents show. Total Wine said the pricing was based on anticipated discounts from its suppliers it receives in the form of a credit after the invoice is paid, and appealed the state’s decision.
“There was clearly no predatory pricing carried out in this case — only a salutary effort by a retailer to pass along savings derived from volume purchasing at the wholesale level to its customers,” Gordon wrote. “This is something the law should promote rather than punish.”
In a statement, Total Wine called the decision a victory for consumers, and a validation of its mission to provide consumers with the best possible value on its products.
“We agree wholeheartedly with the Court’s conclusion that the law should ‘promote’ practices that provide better value to consumers, rather than punish retailers like Total Wine who, consistent with the letter of the law, choose to provide product value, selection and service to Massachusetts consumers,” Edward Cooper, the retailer’s vice president for public affairs and community relations, said in a statement.
The ABCC did not immediately respond to a request for comment Friday morning.
