Southern Glazer's agrees to pricing restrictions in FTC settlement, official says

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Southern Glazer's agrees to pricing restrictions in FTC settlement, official says
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By Jody Godoy Oct 2 (Reuters) - Southern Glazer's, the largest US liquor distributor that carries name brands like Bacardi and Smirnoff, has agreed not to charge small retailers significantly more

Oct 2 - Southern Glazer's, the largest US liquor distributor that carries name brands like Bacardi and Smirnoff, has agreed not to ‌charge small retailers significantly more than nearby chain stores to settle ‌a US Federal Trade Commission case, a senior FTC official said on Friday.

The FTC has ramped up ​its focus on affordability issues this year as the midterm elections approach. The agency is considering a new rule to bar misleading grocery and food delivery fees and probing personalized pricing practices. The Southern Glazer's settlement is aimed at leveling the playing ‌field between independent stores and ⁠bigger chains like Walmart, Costco and Kroger, which the FTC alleged had received better prices.

For six years, Southern Glazer's will be ⁠subject to penalties if it gives its biggest customers in 26 states significantly better prices than independent stores nearby, the official said. The settlement will be overseen by a ​monitor, ​the official added. A Southern Glazer's spokesperson did ​not immediately respond to a request ‌for comment. The company has previously denied that its discounts violate the law.

The FTC sued Southern Glazer's in 2024 accusing it of violating the Robinson-Patman Act, a law aimed at protecting small retailers from bigger competitors. The FTC targeted discounts exclusively available to large customers including grocery chains like Kroger and alcohol retailer ‌Total Wine & More. The case was the first time ​in decades the FTC had enforced the RPA, ​which was a priority for ​former FTC Chair Lina Khan.

Current FTC Chairman Andrew Ferguson had voted ‌against suing Southern Glazer's, saying that ​while the agency should ​enforce the RPA, the case was weak. Passed in 1936 during the Great Depression, the Robinson-Patman Act prohibits a seller from offering different prices for ​the same goods to ‌different buyers. The law has a few exceptions, such as when shipping ​costs are higher for one customer than another.

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