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.
Structure Texas Statutes
Title 4 - Regulatory and Penal Provisions
Chapter 102 - Intra-Industry Relationships
Subchapter D. Malt Beverage Industry Fair Dealing Law
Section 102.73. Termination and Notice of Cancellation
Section 102.75. Prohibited Conduct
Section 102.76. Transfer of Business Assets or Stock
Section 102.77. Reasonable Compensation
Section 102.78. Right of Free Association
Section 102.79. Judicial Remedies
Section 102.80. Coverage and Effective Date