TTB Publishes Request for Information on Promoting Competition in the Beer, Wine, and Spirits Markets

On July 28, 2021, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published the Request for Information Promoting Competition in the Beer, Wine, and Spirits Markets to solicit input on the current market structure and conditions of competition in the American markets for beer, wine, and spirits.

On July 9, 2021, President Biden issued Executive Order (EO) 14036, Promoting Competition in the American Economy. The EO directs the Secretary of the Treasury to issue a report within 120 days “assessing the current market structure and conditions of competition [for beer, wine, and spirits], including an assessment of any threats to competition and barriers to new entrants.” The report will include a discussion of unlawful trade practices; patterns of consolidation in production, distribution, or retail markets; and “any unnecessary trade practice regulations of matters such as bottle sizes, permitting, or labeling that may unnecessarily inhibit competition.” The EO also directs the TTB to revise or rescind any regulations that “unnecessarily inhibit competition” and to “reduc[e] any barriers that impede market access for smaller and independent brewers, winemakers, and distillers.”

Comments are due by August 18, 2021.

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