Competition EO: Changing Tides In Beer, Wine, And Spirits Industries

President Biden's July 2021 Executive Order on Competition in the American Economy (the Executive Order) calls on federal regulators to actively "protect the vibrancy of the American markets for beer, wine, and spirits."  In addition to calling for the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) to ramp up antitrust enforcement across a range of industries, the Executive Order directs the Secretary of the Treasury, in conjunction with the DOJ and FTC, to review and report on the competitive landscape in the markets for alcoholic beverages.  The report will focus on: (i) unlawful or anticompetitive trade practices that hinder small businesses; (ii) patterns of consolidation among market participants; and (iii) superfluous regulations that hinder competition.  The Executive Order also calls for the Secretary of the Treasury, through the Alcohol and Tobacco Tax and Trade Bureau (TTB), to consider withdrawing or amending