In TFWS Inc. v. Peter Franchot et al., 4th Circuit Court of Appeals refused to reverse its earlier decision that Maryland’s liquor and wine regulations involving 1) post-and-hold pricing system, which governs how and when liquor wholesalers may charge their prices; and 2) a volume discount ban, which prevents wholesalers from offering lower prices to large retailers, are a form of horizontal price fixing that runs afoul of federal antitrust law because these regulations are ineffective in furthering Maryland’s purported interest of promoting temperance. In rejecting Maryland’s argument that Leegin Creative Leather Products Inc. v. PSKS Inc. showed that resale price maintenance should not be subject to per se analysis, but must be judged under the rule-of-reason, the Court held that Maryland’s regulatory scheme is a form of horizontal price-fixing. Leegin involved vertical resale price maintenance, and thus is irrelevant.