Price fixing is illegal, witness the fines imposed on British Airways and other companies, so there is a suggestion that there should be an exception for alcohol why not for a whole range of other products - where do you stop or do you allow price fixing apply for all products?
Concerns have been raised that minimum unit price would be unlawful under EU free trade law. (The European Court of Justice has ruled in several cases that minimum unit prices for tobacco are unlawful and that excise duty is the better way of raising price). Also that minimum unit price could be regarded as constituting a trade barrier contrary to EU free movement of goods. Despite this, both the European Court of Justice and the European Free Trade Association have been prepared to prioritise health over trade concerns when considering alcohol policies, providing certain conditions have been met. If a national minimum unit price was challenged the government could invoke such a public health defence, a principle established in European law. A number of countries across Europe including Belgium, France and Portugal and Spain have legislation banning low cost selling.