The Greatest Threat To Beer Market Is Not Another Merger

Law360, New York (October 27, 2015, 3:21 PM EDT) -- Over the past several weeks, the national and legal media have reported on the potential ramifications of the proposed merger between the world's two largest beer conglomerates: Anheuser-Busch InBev and SABMiller. In assessing the impact of this merger, a significant amount of the focus has centered on the anti-competitive effect of this merger on U.S. markets, specifically the growing segment of craft beer, and thus the U.S. Department of Justice's potential approval of such a merger. While the merger and its potential approval will have a significant impact regarding the way beer is produced and distributed not only in the U.S., but around the world, the real threat to a truly open market for beer is not the merger of ABI with SABMiller, but rather ABI's consistent push to acquire beer wholesalers who, in the United States, truly control access to retail and thus the ultimate consumer....

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