Client Services / Alcohol Beverages & Products / Trade Practices - Alcohol Beverages & Products

Trade Practices - Alcohol Beverages & Products

Our Alcohol Beverages and Products Group advises alcohol beverage companies on how to meet their promotional goals within both federal and state trade practice laws, regulations and policies.   Our extensive Alcohol & Tobacco Tax & Trade Bureau (TTB) experience includes the federal laws and regulations concerning tied house, commercial bribery, exclusive outlet and slotting fee policies.   We have addressed trade practice issues arising under state law throughout the United States.   We also have represented many clients accused of violating trade practice laws and regulations, both federal and state.   Whether the issue is negotiating a settlement or offer-in-compromise with the government, participating in proceedings before state alcohol control authorities, litigating a trade practice action or defending against a criminal indictment, McDermott combines civil and criminal litigation with extensive alcohol beverage regulatory experience.

Representative Trade Practice Experience in the Alcohol Area

  • Represent a spirits importer in an investigation by the New York Attorney General’s office of alleged trade practice and pricing violations by alcohol beverage suppliers and wholesalers.
  • Counsel a large spirits and wine supplier on the trade practice aspects of a substantial reorganization of its distribution system.
  • Develop a compliance manual for a large alcohol beverage importer to assist its employees in constructing legally compliant promotional programs.
  • Represent wine and beer suppliers in several investigations into allegedly illegal payments to retailers via third-party marketing companies.
  • Prepare a comprehensive survey of state restrictions on supplier-wholesaler pricing and promotional activities (e.g., entity grants and discounting).
  • Advise a national wine and spirits supplier on the effect of federal law on proposed promotional discounting and rebate programs.
  • Successfully represent a manufacturer in a state enforcement action arising from advertising payments to a retailer, securing a favorable settlement.

Contacts

Alcohol Beverages & Products Client Services

McDermott Will & Emery

McDermott Will and Emery