Kroger Charging Suppliers for Late Delivery: Legal for Bev Alc?

Dear Client:Kroger strikes again with programs of questionable legality.Midweek, the retailer sent note to its suppliers (obtained by us via someone on their beer set list) saying they'd waive the late fee for suppliers achieving at least a roughly 90% on-time delivery for the prior three periods.But wait, that begged the question: Fees for late delivery? Yes. Apparently the retailer instated an "on-time delivery compliance program" last year, where they charge a fee of 3% of the invoiced amount for