economy
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January 3, 2025
The Federal Trade Commission is trying to find out in its latest lawsuit.
Last month, the FTC revived long-dormant antitrust laws against the nation’s largest wine and spirits distributors. of lawsuit Liquor wholesale giant Southern Glazer’s Wine & Spirits is accused of cutting sweet deals with major chains while jacking up prices for small grocers, corner stores and independent liquor stores. are.
On the surface, this lawsuit could restore much-needed competition to the retail alcohol industry. But it’s also about something bigger: the FTC’s attempt to restore fundamental principles of fairness to our economy. For decades, large retailers have been allowed to dominate through sheer size, exploiting that power to shore up their powerful suppliers and defeat smaller competitors. By reinstating the Robinson-Patman Act, the FTC will undo the damage and do more to level the playing field, protect small businesses, and prevent economic power from being concentrated in the hands of a few dominant players. It shows a bold move.
Few people have heard of the Robinson-Patman Act, a New Deal-era law that prohibits price discrimination. Price discrimination occurs when manufacturers sell the same product to retailers at different prices, often under pressure from retail giants. But the FTC’s decision to end its enforcement decades ago caused a seismic shift in the United States. This has given giant chains like Wal-Mart free rein to squeeze suppliers with unfair discounts. Walmart’s expansion went unchecked. Manufacturers consolidated and closed factories. The job is gone. Thousands of small businesses were destroyed, leaving hollowed-out Main Streets and food deserts. Other than the collapse of American manufacturing, few economic forces have done more damage to the American landscape over the past 50 years.
The full implementation of Robinson Patman’s new implementation will mean not just survival, but opportunity and growth for independent stores everywhere. More competition means lower prices, more shelf space for cool new products, and new wealth for towns and cities. Fairness as a guiding principle in regulation means a better deal for everyone.
The FTC’s attack on this type of corporate injustice seems novel. Because within the framework of recent history, that’s exactly what has happened. The Robinson-Patman Act was passed in 1936. Just as the grocery chains Kroger and Great Atlantic & Pacific Tea Company (known as A&P) are rapidly expanding across the country, they are using their newfound scale and power to bully manufacturers and farmers into unsustainable prices. This was around the time I was trying to sell it. Low price. As Congress explained when it passed, this law ensures economic democracy and fairness by giving small businesses the same deals and opportunities as chain stores.
The FTC zealously enforced this law for decades until the Reagan administration swept it under the rug, along with most other antitrust enforcement. This law helped foster an open and diverse retail economy. Even in the early 1980s, small independent grocers dominated the market. more than half It topped all grocery sales and flourished alongside large chain stores in communities across the country.
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But by the beginning of the Reagan era, the law had been replaced by a wave of policymakers who abandoned most attempts to impose limits, replacing fairness with an economic philosophy that championed corporate bigness and shareholder wealth. It became a punching bag for him.
These policy decisions gave Walmart the freedom to bully with impunity, starting a chain reaction of consolidation across food retail. The rise of Wal-Mart sparked a wave of mega-merger supermarkets. Today, the industry is almost 500%. more focused I’m tired of being bullied by Walmart, the big chains, and consumer goods companies. started buying each other In the same way. Since the 1990s, the five major consumer goods companies alone – Unilever, Procter & Gamble, Nestlé, ConAgra, and PepsiCo – have acquired more than 150 other branded goods companies, creating a vast conglomerate that dominates the shelves of major retailers. Created a product conglomerate. All the big suppliers and megastores have realized that they can get away with this kind of corporate bullying. That includes what the FTC now claims is the nation’s largest alcoholic beverage supplier.
The lawsuit against Southern details what corporate unfairness looks like in practice. Southern is the nation’s largest wine and spirits distributor. The company sells alcoholic beverages throughout the country and accounts for one in three bottles of wine or spirits sold in the United States. In many states, the company holds exclusive rights to essential brands such as Patron, Jim Beam, Jameson and Josh Sellers, leaving stores with no choice but to do business with Southern.
Southern has national contracts with some of the industry’s largest chain retailers, from large specialty stores like Total Wine and Vinny’s to supermarket mega-chains Kroger and Albertsons to big box stores like Walmart and Costco. There is. The FTC argues that Southern sells crates of wine and liquor to large chain stores because the price per bottle is significantly lower than to small, independent stores, and that small stores sell crates of wine and liquor to large chain stores. He claims to be at a disadvantage. As the FTC states in its complaint, “Southern’s pricing practices are exemplary violations of the Fair Prices Act.”
The heavily redacted lawsuit contains few details that have been made public. But the experience of small liquor stores appears to support the agency’s case against Southern.
James Dempsey spends thousands of dollars every week to keep the shelves stocked at Wagon Wheel Liquors in Durango, Colorado. Dempsey couldn’t stock brands like Captain Morgan, Bacardi and Josh Sellers without buying from Southern, which is the exclusive distributor in Colorado and much of the country.
But when he buys spirits and wine from Southern, no matter how much he buys, he can’t get them at the same prices as the larger stores around him (like City Market, a supermarket chain owned by Kroger). In some cases, Dempsey has to buy dozens of cases to get the same price that a big chain store would pay for one.
All Dempsey wants is a fair shot.
“We just want it to be fair, right?” Dempsey says. “I want the same case at the same price. I shouldn’t have to buy 65 cases to get the same price.”
Smaller stores like Wagon Wheel would benefit from enforcing a ban on price discrimination. So will shoppers. In states with alcohol-specific price discrimination laws, prices at both chain and independent stores were low and nearly uniform, with only small differences between chains and independent stores. study Found it. Independent stores charge lower rates and have lower prices overall when they are not bullied by suppliers or driven out of business by rampant price discrimination. After all, fairness benefits everyone.
The calls for economic fairness are growing louder, and politicians are also paying attention. At the beginning of 2022, a total of 43 Republicans and Democrats were elected.called It called on the FTC to reinstate Robinson Patman and found that the corporate bullying faced by small retailers is a result of “concentration across the supply chain.” Then, in September of the same year, FTC Commissioner Alvaro Bedoya told the audience At an event in Minneapolis, he said Robinson Patman enforcement is key to restoring fairness as the goal of antitrust law.
The benefits of impartiality-based antitrust enforcement were far-reaching. Enforcing these laws meant that regional centers were filled with stores that grew out of and were responsible to their communities. Farmers lived a decent life and passed on their business from generation to generation. Workers earned a living wage, and competition between chain and small stores kept prices low.
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Bedoya called on the agency to renew its commitment to fairness everywhere. “Certain laws that were clearly passed based on what could be called a duty of impartiality, such as the Robinson-Patman Act, directly enshrine certain legal prohibitions,” he said. “Congress’ intent in these laws is clear, and we need to enforce them.”
In suing the Southern Glazers under Robinson Patman, the agency did just that. While this case may mark the end of FTC Chair Lina Khan’s tenure as commissioner, there’s a good chance the next administration won’t change course. FTC commissioner and soon-to-be chairman Andrew Ferguson and fellow Republican Melissa Holyoke opposed the move, while incoming FTC candidate Mark Meador has been supported for a long time Enforcement of price discrimination laws. His endorsement, along with the endorsements of Bedoya and Democratic Rep. Rebecca Kelly Slaughter, means the Southern case could get the three votes (out of five) needed to survive and go to trial. means.
Even Ferguson in his sharp oppositionsuggests that if the company being sued is larger and more powerful, it will support such a lawsuit. The Walmarts and Amazons of the world should be on guard – there’s a good chance there will be a return to equity in the economy.
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