Sec. 102.79. JUDICIAL REMEDIES. (a) If a brewer or distributor who is a party to an agreement pursuant to Section 102.51 fails to comply with this Act or otherwise engages in conduct prohibited under this Act, or if a brewer and distributor are not able to mutually agree on reasonable compensation under Section 102.77 and the matter is not to be submitted to arbitration, the aggrieved brewer or distributor may maintain a civil action in a court of competent jurisdiction in the county in which the distributor's principal place of business is located.
(b) In any action under Subsection (a) of this section, the court may grant such relief as the court determines is necessary or appropriate considering the purposes of this Act.
(c) The prevailing party in any action under Subsection (a) of this section shall be entitled to actual damages, including the value of the distributor's business, as specified in Section 102.77 of this code, reasonable attorney's fees, and court costs.
Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 317, eff. September 1, 2021.
Notes of Decisions
Nauslar v. Coors Brewing Co., 170 S.W.3d 242 (Tex. App. 2005).
· cites it 2× “Tex. Alco. Bev.Code Ann. § 102.79(a). BIFDL prohibits a manufacturer from withholding approval of a distributor’s transfer of its distributorship interest when the person or persons to be substituted “meet reasonable standards.”
Gambrinus Co. v. Galveston Beverage, Ltd., 264 S.W.3d 283 (Tex. App. 2008).
· cites it 4× “See Tex. Alco. Bev.Code Ann. § 102.79(a) (providing *292 that an “aggrieved manufacturer or distributor may maintain a civil action” for a violation of the BIFDL).”
— Tex. Alco. Bev. Code § 102.79(a) — 3 cases
Nauslar v. Coors Brewing Co., 170 S.W.3d 242 (Tex. App. 2005).
“Tex. Alco. Bev.Code Ann. § 102.79(a). BIFDL prohibits a manufacturer from withholding approval of a distributor’s transfer of its distributorship interest when the person or persons to be substituted “meet reasonable standards.”
Gambrinus Co. v. Galveston Beverage, Ltd., 264 S.W.3d 283 (Tex. App. 2008).
“See Tex. Alco. Bev.Code Ann. § 102.79(a) (providing *292 that an “aggrieved manufacturer or distributor may maintain a civil action” for a violation of the BIFDL).”
— Tex. Alco. Bev. Code § 102.79(c) — 3 cases
Nauslar v. Coors Brewing Co., 170 S.W.3d 242 (Tex. App. 2005).
“Tex. Alco. Bev.Code Ann. § 102.79(a). BIFDL prohibits a manufacturer from withholding approval of a distributor’s transfer of its distributorship interest when the person or persons to be substituted “meet reasonable standards.”
Gambrinus Co. v. Galveston Beverage, Ltd., 264 S.W.3d 283 (Tex. App. 2008).
“See Tex. Alco. Bev.Code Ann. § 102.79(a) (providing *292 that an “aggrieved manufacturer or distributor may maintain a civil action” for a violation of the BIFDL).”
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