FTC Report Authored by Professor Zywicki Relied on by Supreme Court in Wine Decision

In the recent U.S. Supreme Court decision, Granholm v. Heald (U.S., No. 03-1116, 5/16/05), the majority opinion relies favorably on a FTC report authored by Professor Todd Zywicki when he served as Director of the FTC's Office of Policy Planning.  In announcing the release of the report, George Mason University Foundation Professor of Law, Timothy J. Muris, then FTC Chairman, stated that "E-commerce can offer consumers lower prices, greater choices, and increased convenience. In wine and other markets, however, anticompetitive barriers to e-commerce are depriving consumers of those benefits".  The court ruled that state laws that allow in-state (but not out-of-state) wineries to sell directly to consumers in the state violate the U.S. Constitution.

For more information, see the July 2003 FTC Press Release, read  the report, Possible Anticompetitive Barriers to E-Commerce (PDF), and see the full decision, Granholm v. Heald (PDF).