Treasury’s Guidance for Alcohol Markets for Your Business - McDermott

Competition Crackdown: What Does Treasury’s Guidance for Alcohol Markets Mean for Your Business?


The US Treasury Department (Treasury) released a report that outlined a series of reforms aimed at boosting competition in the combined $250 billion US beer, wine and spirits markets in response to US President Joe Biden’s executive order on competition. Specifically, the reforms include enhanced scrutiny by the US Department of Justice (DOJ), the Federal Trade Commission (FTC) and the Alcohol and Tobacco Tax and Trade Bureau (TTB) concerning merger and acquisition activity in the industry, as well as new trade practice enforcement guidance. What exactly are the recommendations listed in the report, and how do they affect your business in the short- and long-term?

Join McDermott Partners Alva Mather, Lesli Esposito and Greg Heltzer as they analyze how Treasury’s recommendations could impact your risk profile in terms of increased regulatory oversight, and how you can best navigate a deal in a reinvigorated enforcement landscape.

Discussion topics include:

  • Refocused trade practice enforcement guidance on category management and tying arrangements
  • Enhanced scrutiny of mergers in alignment with the FTC and DOJ’s more creative and nuanced theories of harm in such reviews
  • Recommendations for updating key state and federal regulations, which may hinder competition and open markets
  • Suggestions to focus enforcement efforts away from smaller industry participants
  • Other recommended reforms for combating “exclusionary behavior” by big companies to save consumers money

Dig Deeper

Webinar / McDermott Webinar / February 29, 2024

Uncorking What’s Ahead for Alcoholic Beverage Companies

Rancho Palos Verdes, CA / Speaking Engagements / February 26-28, 2024

2024 CPG Legal Forum

Tokyo, Japan / McDermott Event / January 17, 2024

2024 McDermott International Seminar in Japan

New York, NY / Speaking Engagements / January 16, 2024

NYSBA Antitrust Law Section's Annual Meeting

Marina del Rey, CA / Speaking Engagements / December 6-7, 2023

Brewbound Live: Level Up Your Digital Strategy

Webinar / Speaking Engagements / November 14-16, 2023

FoodNavigator USA: Futureproofing the Food System Digital Summit

Get In Touch