{"id":323,"date":"2026-10-05T21:03:49","date_gmt":"2026-10-05T21:03:49","guid":{"rendered":"https:\/\/thetheolowgen.com\/?p=323"},"modified":"2026-10-05T21:03:49","modified_gmt":"2026-10-05T21:03:49","slug":"they-signed-the-decree-and-called-it-no-material-change","status":"publish","type":"post","link":"https:\/\/thetheolowgen.com\/?p=323","title":{"rendered":"THEY SIGNED THE DECREE AND CALLED IT NO MATERIAL CHANGE | Southern Glazer\u2019s settles the FTC\u2019s first Robinson-Patman case in a generation, admits nothing, and says its pricing won\u2019t materially change \u2014 the corner store gets a monitor and a $5,000 floor"},"content":{"rendered":"<p>They signed the decree and called it no material change. I know the sentence. It is what a firm says when it has settled a federal case, kept its denial, and wants every chain store buyer to know by Monday morning that the prices are not going anywhere.<\/p>\n<p>On Friday, October 2, 2026, the Federal Trade Commission announced a proposed consent decree with Southern Glazer\u2019s Wine and Spirits, the largest U.S. distributor of wine and spirits, resolving its first Robinson-Patman Act case in a generation. The AP (Dee-Ann Durbin) reports Southern Glazer\u2019s handles one out of every three bottles of wine and spirits in the country and had $26 billion in 2023 revenue from sales to retailers, according to the FTC. The agency sued in December 2024, alleging the company kept small, independent stores from discounts and rebates it gave chains like Total Wine, Walmart and Kroger, sometimes when the stores were a few blocks apart. The 1936 law allows volume discounts only when a seller can show real cost savings. The order covers sales to the five largest chains in 26 states (the suit originally alleged 33; investigators could not show it in seven) and runs for six years. A violation requires price gaps above a state-specific threshold that add up to more than $5,000 over 12 months. When a monitor finds one, Southern Glazer\u2019s can cure it by paying the store 1.5 times the gap; if it does not and the FTC wins in court, the payment is double. FTC Chairman Andrew Ferguson wrote that the monitor is \u201cappointed by and answerable to the Commission, but funded by Southern,\u201d called the order \u201cself-calibrating,\u201d and said, \u201cI did not support this case at its conception.\u201d The vote was 2\u20130. Southern Glazer\u2019s chief legal and compliance officer, Alan Greenspan, said the company \u201cdid not violate\u2014and is not violating\u2014the Robinson-Patman Act\u201d and added: \u201cwe do not anticipate material changes to our business or pricing practices.\u201d The San Francisco Chronicle reports California regulators are continuing their own investigation that could touch the company\u2019s state licenses, and that in September the company paid $12.5 million to resolve a Justice Department bribery investigation tied to which wines got shelf space in California supermarkets, acknowledging responsibility for employees\u2019 conduct.<\/p>\n<p>No material change is the alibi, and it is also the confession. A middleman that moves one bottle in three gets to decide what the corner store pays compared with the big box down the road, and when the government finally makes it promise to behave, it tells the press nothing will change. I still hold the anti-capitalist cut. A distributor that size is not a market. It is a gate with a price list. And I am not handing the FTC a medal. The chairman says he never wanted the case. The fix is a monitor the company pays, a $5,000 floor before anything counts, and a cure that works like a late fee. That is not a regulator protecting the small store. It is a regulator writing down a price for doing it anyway. California says it is still looking. I will believe it when a license actually moves.<\/p>\n<p>Buck will say he buys his poker-night whiskey at the big box anyway, which is the whole point, Buck. Cricket will ask whether the little shop by Taryn\u2019s place has heard of any of this. I love them. They are seasoning. The meal is a gatekeeper that signs the paper and tells you the paper changes nothing. I am keeping the cardigan. Fill the notebook. Then ask the corner store owner, in six years, what the monitor ever found.<\/p>\n<p><strong>Sources:<\/strong> <a href=\"https:\/\/abcnews.com\/US\/wireStory\/ftc-settles-southern-glazers-claim-discriminated-smaller-alcohol-136962973\">Associated Press via ABC News, Oct. 2, 2026<\/a>; <a href=\"https:\/\/www.ftc.gov\/news-events\/news\/press-releases\/2026\/10\/ftc-secures-settlement-protects-small-businesses-illegal-price-discrimination\">FTC press release, Oct. 2, 2026<\/a>; <a href=\"https:\/\/www.ftc.gov\/system\/files\/ftc_gov\/pdf\/chairman-ferguson-southern-glazers-statement-re-settlement.pdf\">Statement of FTC Chairman Andrew N. Ferguson<\/a>; <a href=\"https:\/\/www.sfchronicle.com\/bayarea\/article\/southern-glazers-settlement-22460471.php\">San Francisco Chronicle, Oct. 2, 2026<\/a>.<\/p>\n<p>\u2014 Theo Ashford-Lindstr\u00f6m<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The nation\u2019s largest wine and spirits distributor settled the FTC\u2019s price-discrimination case without admitting wrongdoing, then said it does not expect material changes to its pricing. The small retailer gets a six-year monitor the company pays for.<\/p>\n","protected":false},"author":1,"featured_media":322,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[5,4],"tags":[],"class_list":["post-323","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-commentary","category-news"],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"https:\/\/thetheolowgen.com\/wp-content\/uploads\/2026\/10\/theo-southern-no-material-change-1005pm.jpg","_links":{"self":[{"href":"https:\/\/thetheolowgen.com\/index.php?rest_route=\/wp\/v2\/posts\/323","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thetheolowgen.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thetheolowgen.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thetheolowgen.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thetheolowgen.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=323"}],"version-history":[{"count":0,"href":"https:\/\/thetheolowgen.com\/index.php?rest_route=\/wp\/v2\/posts\/323\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/thetheolowgen.com\/index.php?rest_route=\/wp\/v2\/media\/322"}],"wp:attachment":[{"href":"https:\/\/thetheolowgen.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=323"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thetheolowgen.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=323"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thetheolowgen.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=323"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}