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CADENA COMERCIAL USA CORP. v. ALCOHOLIC BEVERAGE

No. 14-0819.

518 S.W.3d 318 (2017)

CADENA COMERCIAL USA CORP. d/b/a OXXO, Petitioner, v. TEXAS ALCOHOLIC BEVERAGE COMMISSION, Respondent.

Supreme Court of Texas.

OPINION DELIVERED: April 28, 2017.

Attorney(s) appearing for the Case

Debora B. Alsup, Christopher Smith, Danley K. Cornyn, James E. Cousar, Nathan Palmer, Thompson & Knight LLP, Austin TX, for Petitioner.

Joseph David `Jody' Hughes, Assistant Solicitor General, Charles E. Roy, First Assistant Attorney General, W. Kenneth Paxton Jr., Attorney General of Texas, Robin Sanders, Scott A. Keller, Office of the Attorney General, Judith L. Kennison, TABC Legal Division, Austin TX, for Respondent.

Justice Johnson delivered the opinion of the Court, in which Justice Green, Justice Guzman, Justice Lehrmann, Justice Devine, and Justice Brown joined.

This case requires us to interpret Texas's "tied house" statutes that prohibit overlapping ownership between the manufacturing, wholesaling, and retailing segments of the alcoholic beverage industry.

Fomento Económico Mexicano, S.A.B. de C.V. (FEMSA) owns 20% of the stock in two Heineken companies which in turn...

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