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Price Effects and the Commerce Clause: The Case of State Wine Shipping Laws

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  • Jerry Ellig
  • Alan E. Wiseman

Abstract

In the wake of Granholm v. Heald, numerous states passed new laws to regulate interstate direct shipment of alcohol that would seem to contradict the spirit, if not the explicit content, of the Commerce Clause. We build on existing scholarship analyzing the empirical impacts of direct shipment barriers to identify how these new laws are likely to influence local market conditions. Drawing on new data that measure posted winery prices and aggregate production levels in 2002 and 2004, we demonstrate how many of these new laws would be expected to effectively diminish, if not altogether remove, the benefits that would normally accrue to consumers from legalized interstate direct shipment of wine. Although empirical analysis of price effects currently plays a very limited role in dormant Commerce Clause cases, our analysis suggests how price data can be used to ascertain whether a state restriction constitutes discrimination against out‐of‐state economic interests.

Suggested Citation

  • Jerry Ellig & Alan E. Wiseman, 2013. "Price Effects and the Commerce Clause: The Case of State Wine Shipping Laws," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(2), pages 196-229, June.
    • Handle: RePEc:wly:empleg:v:10:y:2013:i:2:p:196-229
    DOI: 10.1111/jels.12008
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    References listed on IDEAS

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    1. Demsetz, Harold, 1973. "Industry Structure, Market Rivalry, and Public Policy," Journal of Law and Economics, University of Chicago Press, vol. 16(1), pages 1-9, April.
    2. Joel Waldfogel & Jeffrey Milyo, 1999. "The Effect of Price Advertising on Prices: Evidence in the Wake of 44 Liquormart," American Economic Review, American Economic Association, vol. 89(5), pages 1081-1096, December.
    3. Patton Culbertson, W. & Bradford, David, 1991. "The price of beer: Some evidence from interstate comparisons," International Journal of Industrial Organization, Elsevier, vol. 9(2), pages 275-289, June.
    4. Sass, Tim R & Saurman, David S, 1993. "Mandated Exclusive Territories and Economic Efficiency: An Empirical Analysis of the Malt-Beverage Industry," Journal of Law and Economics, University of Chicago Press, vol. 36(1), pages 153-177, April.
    5. Wiseman Alan E. & Ellig Jerry, 2004. "Market and Nonmarket Barriers to Internet Wine Sales: The Case of Virginia," Business and Politics, De Gruyter, vol. 6(2), pages 1-36, August.
    6. Ornstein, Stanley I & Hanssens, Dominique M, 1985. "Alcohol Control Laws and the Consumption of Distilled Spirits and Beer," Journal of Consumer Research, Journal of Consumer Research Inc., vol. 12(2), pages 200-213, September.
    7. Jon Nelson, 2003. "Advertising Bans, Monopoly, and Alcohol Demand: Testing for Substitution Effects using State Panel Data," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 22(1), pages 1-25, February.
    8. Wiseman, Alan E. & Ellig, Jerry, 2004. "Market and Nonmarket Barriers to Internet Wine Sales: The Case of Virginia," Business and Politics, Cambridge University Press, vol. 6(2), pages 1-34, August.
    9. Sass, Tim R & Saurman, David S, 1996. "Efficiency Effects of Exclusive Territories: Evidence from the Indiana Beer Market," Economic Inquiry, Western Economic Association International, vol. 34(3), pages 597-615, July.
    10. Cooper, James C. & Wright, Joshua D., 2012. "Alcohol, antitrust, and the 21st Amendment: An empirical examination of post and hold laws," International Review of Law and Economics, Elsevier, vol. 32(4), pages 379-392.
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