Antitrust has taken center stage under the Biden Administration, and the Food and Beverage industry has been one of the main targets of increased enforcement by the Federal Trade Commission ("FTC") and Department of Justice, Antitrust Division ("DOJ") (together, the "Agencies"). Since the pandemic, Americans have seen the cost of their grocery bills rise and politicians on both sides of the aisle have taken notice. President Biden's 2021 Executive Order on Promoting Competition in the American Economy tasked the Agencies with investigating competition in the food industry to address whether breakdowns in the competitive process have caused harm to both consumers and labor. As we look forward to the next presidential administration, Sheppard Mullin DOJ and FTC veterans will offer thoughts and insights into what antitrust enforcement will look like for the Food and Beverage Industry going forward, including: merger review, pricing investigations, and post-employment restrictions.
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