I guess it does depend, but I'm not sure the state is the distinction. Price discrimination is fundamentally legal except in cases where it is found to violate anti-trust laws. In other words, price discrimination is illegal when it demonstrably harms competition. I'm not a lawyer, but it would seem to my layperson's eyes that selling an identical product to two different retailers at different rates would be a violation of anti-trust laws because it consistently allows the retailer to whom they sell at a lower-price to dominate the market by being able to sell the product to the end consumer at a lower price. Of course, the discriminated-against retailer would have to show in court that the cornering of the market was an inevitable outcome of the favored retailer getting to pay a lower price. That might be hard to do with beer--especially with a beer that will likely sell from both the discriminated-against retailer and the favored retailer.