E-commerce marketing · Industry brief

The FTC secured its first Robinson-Patman Act settlement in over 25 years, reaching an agreement with Southern Glazer's Wine and Spirits in October 2026 to restrict the distributor's ability to charge small independent retailers higher prices than large retail chains. The enforcement action, initiated in 2024, represents a significant milestone in FTC antitrust enforcement and signals renewed agency interest in the statute. Despite initial dissent from current FTC Chair Andrew Ferguson regarding the case's merit and resource allocation, discovery validated his concerns sufficiently to support settlement rather than dismissal, with Ferguson indicating the Robinson-Patman Act "remains good law" for potential future enforcement. (Source: Epstein Becker Green)

On September 29, 2026, the U.S. District Court for the Southern District of New York preliminarily enjoined enforcement of Section 3 of New York's algorithmic rent-setting law (S.B. 7882), which prohibited landlords from setting rents based on software recommendations performing a "coordinating function." The court applied intermediate scrutiny under Central Hudson, finding that pricing recommendations constitute protected commercial speech. While the court upheld Section 2 (prohibiting facilitation of non-compete agreements among landlords through software) as clarifying existing antitrust law, it found Section 3 likely unconstitutionally overbroad because it restricts recommendations based primarily on public data without sufficient tailoring. The court identified a less-restrictive alternative: limiting the prohibition to software using non-public data from competitors. RealPage, the software provider challenging the law, succeeded on its facial First Amendment challenge, though the State has indicated it will defend Section 3 through final judgment on the merits and filed a reconsideration motion on October 13, 2026.

This article from Crunchbase News covers ecommerce platform M&A activity, reporting on several recent acquisitions of venture-backed startups. Uber's acquisition of ezCater for $2.3 billion is highlighted as a standout deal, with the catering platform completing the transaction nearly five years after its last funding round. The article documents a broader trend of boom-era startups being acquired, including Airtable sold to Bending Spoons for $1.28 billion (well below its $11 billion 2021 valuation) and Miro acquired for approximately $1.36 billion (down from a $17.5 billion peak valuation in early 2022). Additional acquisitions mentioned include Headspace selling to Sword Health at around $300 million and Everlane acquired by Shein for $100 million. The analysis notes these older startups were able to extend runways with capital from peak 2021-2022 funding rounds and are now exiting at valuations substantially below their venture peak, though still representing material transactions for acquirers.