DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Petitioner,
v.
ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD et al, Respondents;
Anheuser-Busch, Inc., Real Party in Interest;
California Beer and Beverage Distributors, Intervener.
Court of Appeals of California, Fourth District, Division Two.https://leagle.com/images/logo.png
May 11, 1999.
Rehearing Denied June 8, 1999.
Review Denied August 11, 1999.
Attorney(s) appearing for the Case
Bill Lockyer, Attorney General, Silvia M. Diaz, Supervising Deputy Attorney General and Matthew D. Botting, Deputy Attorney General, for Petitioner Department of Alcoholic Beverage Control.
Martha V. Wilson, for Respondent Alcoholic Beverage Control Appeals Board.
Pillsbury Madison & Sutro, James M. Seff and Kevin M. Fong, San Francisco, for Respondent Real Party in Interest.
McCutchen, Doyle, Brown & Enersen, John R. Reese and Christopher B. Hockett, San Francisco, for Intervener California Beer and Beverage Distributors.
Court of Appeals of California, Fourth District, Division Two.
OPINION
RICHLI, J.
This petition requires us to determine the legality of a practice in which respondent1 Anheuser-Busch, Inc. ("Anheuser-Busch") purchases its own products in bars or other drinking establishments, and offers customers the opportunity to exchange its product for whatever brand they are currently drinking. (The practice is commonly known as "trade spending" or "trade sampling.") Petitioner, the Department of Alcoholic...
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