Cadena Comercial USA Corp. D/b/a Oxxo, Petitioner v. Texas Alcoholic Beverage Commission, Respondent

Summary

The Texas Supreme Court affirmed the Texas Alcoholic Beverage Commission’s denial of Cadena’s retailer permit, holding that FEMSA’s indirect ownership in Heineken constitutes a prohibited “interest” under §102.07(a)(1) of the Alcoholic Beverage Code. The Court interpreted “interest” broadly to include any commercial or economic stake, finding the statutory purpose of preserving independence violated. Justice Willett, dissenting, argued that “interest” should be limited to control or influence and that corporate separateness precludes a violation. The dissent would reverse and grant Cadena’s permit.