Statute of Frauds – Unjust Enrichment – Supplemental Jurisdiction

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7^th Circuit Court of Appeals

Case Name: Mountain Crest SRL, LLC v. Anheuser-Busch Inbev

Case No.: 18-2327

Officials: RIPPLE, KANNE, and ROVNER, Circuit Judges.

Focus: Statute of Frauds – Unjust Enrichment – Supplemental Jurisdiction

Mountain Crest SRL, LLC (“Mountain Crest”), brought this action, alleging that Anheuser Busch InBev SA/NV (“Anheuser-Busch”) and Molson Coors Brewing Company (“Molson Coors”) had conspired to damage Mountain Crest’s beer exports to Ontario, Canada, in violation of the Sherman Antitrust Act, 15 U.S.C. §§ 1– 2. Mountain Crest also alleged that Anheuser-Busch and Molson Coors were enriched unjustly in violation of Wisconsin law.

Much, although not all, of this dispute centers around two agreements: an agreement in 2000 between two Canadian entities, Brewers Retail, Inc. (“BRI”), and the Liquor Control Board of Ontario (“LCBO”); and an agreement in 2015 between Anheuser-Busch, Molson Coors, BRI, the LCBO and the government of Ontario. Mountain Crest alleged that Anheuser-Busch and Molson Coors had conspired to restrain trade in the Ontario beer market and had engaged in monopolistic behavior through the two agreements. Among other things, Anheuser-Busch and Molson Coors carried on a group boycott to force the LCBO to enter the agreement in 2000 to ensure that BRI, an entity Anheuser-Busch and Molson Coors control, was the only retailer in Ontario selling beer in packages larger than six containers. Mountain Crest further claimed the conspiracy extended into 2014 and 2015 when Anheuser-Busch and Molson Coors used a variety of tactics to continue the retail arrangement between BRI and the LCBO, including a threat to bring expropriation litigation under the North American Free Trade Agreement (“NAFTA”). Mountain Crest contends that these agreements, as well as BRI’s policy of promoting sales of Anheuser-Busch’s and Molson Coors’ products in its stores to the detriment of American competition, inhibited its ability to compete in the Ontario beer market.

Anheuser-Busch and Molson Coors moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6) on multiple grounds. The district court ruled that the act of state doctrine required dismissal of the federal claims and granted the motion; it did not address Anheuser-Busch and Molson Coors’ other grounds for dismissal of the federal claims. The district court then relinquished supplemental jurisdiction over the state-law unjust enrichment claim and dismissed the case without prejudice to Mountain Crest’s bringing that claim in state court. Mountain Crest timely appealed. For the reasons set forth in this opinion, we affirm in part and vacate in part the judgment of the district court and remand the case for proceedings consistent with this opinion.

Affirmed in part. Vacated and remanded in part.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.