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In a major victory for health campaigners, Lord Doherty ruled last Friday that the Scottish parliament was within its powers to introduce Europe's first minimum pricing law on all alcoholic drinks because it would protect health.
On 3 May, the SWA lost the first round of the legal battle when the Court of Session in Edinburgh ruled that the minimum pricing law, which concerns alcohol sold in supermarkets and shops, was legal.
Scotland's first minister Alex Salmond led a minority government then but he was re-elected in May 2011 with an overall majority and enough clout to make minimum pricing law.
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And the threat gets worse: the Northern Ireland government is taking steps to be the first European nation to introduce minimum pricing laws on alcohol to "tackle binge drinking and anti-social behavior," according to a Financial Times report in early March.
There's now an effort to repeal the minimum pricing laws and, y'know, actually have a competitive free market for alcohol, but small store owners are protesting it of course, because if the government was basically making it impossible for other businesses to compete with yours you'd protest too.
The European Commission (EC) is currently considering the Scottish government's request to be granted an exemption from trade regulations to enact the minimum price law which was approved by the Scottish Parliament last year.
The EC itself has already said "we have a problem with the compatibility of minimum pricing plans under community law".
The EC itself has said "what we can say is we have a problem with the compatibility of minimum pricing plans under community law".
In order for minimum pricing to satisfy the law it would have to show it was in proportion to the problems caused by alcohol, without unduly restricting competition.
In a statement, the EU Commission said the content was confidential but "what we can say is we have a problem with the compatibility of minimum pricing plans under community law".
The petition submitted by the two bodies argues that the minimum pricing legislation is "not law" for the following reasons: i) It is outwith the competence of the Scottish Parliament because it deals with matters reserved to Westminster, ie "the regulation of...the sale and supply of goods and services to consumers".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com