California is probing Southern Glazer’s, the nation’s largest alcohol distributor, as a federal investigation wraps. (Business Wire)
The nation’s largest alcohol distributor reached a settlement agreement with federal authorities Friday over its alleged years-long scheme to influence which wines appeared on California supermarket shelves.
That could have been the end for the Miami-based Southern Glazer’s Wine and Spirits, which also came to a settlement with the Department of Justice in September.
But state regulators told the Chronicle on Friday they’re continuing their own investigation into the company’s alleged price discrimination, which could put Southern Glazer’s at risk of losing its operating license in its largest market.
“We are aware of the Federal Trade Commission’s settlement with Southern Glazer’s Wine & Spirits, as well as the Department of Justice’s agreement regarding criminal bribery,” said Yael Sheinfeld, spokesperson for the California Business and Consumer Services Agency. “The findings from these agreements are very concerning.”
Sheinfeld said the state investigation will look at the alcohol licenses Southern Glazer’s holds in California and independently determine any potential harm to consumers and small businesses.
The state’s investigation was announced the same day the FTC said it had reached a settlement agreement with Southern Glazer’s. Under a proposed court order that still requires approval, the company would have to pay a small retailer if an independent monitor finds that Southern Glazer’s repeatedly charged it significantly more than a nearby large chain for the same product.
The order would be overseen by the monitor for six years, and Southern Glazer’s would submit compliance reports and data to the monitor and FTC staff twice a year.
The new state investigation is the latest setback for the company as it tries to move on from allegations of bribery and price manipulation, including instances when Southern Glazer’s accepted gifts and trips from suppliers in exchange for stocking and promoting their wines.
Now, the company could face potential consequences from a state agency that has the power to suspend or revoke the company’s operating license in California, impose fines and call for increased oversight, among other actions.
Federal authorities sued Southern Glazer’s over claims that it gave large retailers discounts while charging independent businesses more for the same products. The allegations led to the indictment of five company executives.
On the FTC settlement, Southern Glazer’s told the Associated Press it was pleased to resolve the case without a trial or admitting wrongdoing. Its chief legal and compliance officer, Alan Greenspan, said: “Southern Glazer’s Wine and Spirits did not violate – and is not violating – the Robinson-Patman Act.” The company also said it didn’t expect the order to materially change its business or pricing practices.
Southern Glazer’s could not immediately be reached for comment about the California probe.