§ 5-04-02 — Inducement or coercion prohibited

North Dakota § 5-04-02

• Jurisdiction: North Dakota
• Title 5: Alcoholic Beverages
• Ch. 5-04: Beer Wholesaler and Brewer Relationships

Text

A brewer may not:
1. Induce or coerce, or attempt to induce or coerce, a beer wholesaler to accept delivery
of an alcoholic beverage or other commodity which has not been ordered by the beer
wholesaler.
2. Induce or coerce, or attempt to induce or coerce, a beer wholesaler to enter an
agreement or take an action that would violate a law or rule of this state by threatening
to amend, cancel, terminate, or refuse to renew an agreement existing between a
brewer and a beer wholesaler.

3. Require a wholesaler to assent to a condition, stipulation, or provision limiting the
wholesaler's right to sell any other brewer's product anywhere in this state, provided
the sale of another brewer's product does not materially impair the quality of service or
quantity of sales of the existing brand or brands of the brewer seeking to impose the
condition, stipulation, or provision.
4. Require a wholesaler to submit specific, confidential information regarding competitive
brands, as a condition of renewal or continuation of an agreement.
5. Fail to provide each wholesaler of its brands with a written contract that conforms to
this chapter and embodies the brewer's agreement with each wholesaler.
6. Require a wholesaler to use or prohibit a wholesaler from using a
business-to-business electronic commerce platform.