Legal issues raised over drink pricing plan
6 Oct 08
Scottish ministers' proposals for minimum pricing come under critical scrutiny
Scottish Government plans to set minimum prices for alcohol face a series of potential legal challenges in three different courts, according to a team of competition lawyers.
The team, from Maclay Murray & Spens, have investigated the legality of the plans on the basis of information so far revealed by ministers, who wish to introduce a minimum price per unit of alcohol in order to combat the consumption of cheap brands especially by young people. Some lagers and ciders, as well as certain supermarket brands of whisky and wine, would be affected.
Maclays' team believe the policy is likely to be challenged under both European and UK competition laws, as well as by judicial review in the Scottish courts because competition law is reserved to Westminster.
A Scottish Government spokesperson said that the Government was satisfied on the basis of its own legal advice that the Scottish Parliament had the legal competence to implement its policies.