
FTC Sues PepsiCo Over Alleged Price Discrimination Favoring Walmart
The U.S. Federal Trade Commission (FTC) has filed a lawsuit against PepsiCo, accusing the company of engaging in illegal price discrimination. The FTC claims PepsiCo offered exclusive discounts to a large retailer, which a source identified as Walmart, at the expense of other retailers and consumers.
Allegations of Unfair Practices
The lawsuit, filed in New York, alleges that PepsiCo violated the Robinson-Patman Act, a law designed to prevent unfair competition by prohibiting discriminatory pricing practices. According to the FTC, PepsiCo’s actions created an uneven playing field for other retailers, ranging from major grocery chains to small convenience stores. This, in turn, contributed to higher prices for consumers.
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PepsiCo’s Response
PepsiCo has strongly denied the allegations. In a statement, the company criticized the lawsuit, calling it “partisan” and dismissing the claims as unfounded.
Walmart’s Role
While the FTC did not name Walmart in its official statement, sources familiar with the case confirmed that Walmart benefited from PepsiCo’s preferential pricing. Walmart has declined to comment on the matter.
FTC’s Standpoint
Outgoing FTC Chair Lina Khan stated that the lawsuit aims to ensure fair competition in the marketplace. “The FTC’s action will help ensure all grocers and other businesses—no matter their size—can compete fairly, based on their skill, efficiency, and talent,” Khan emphasized.
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Division Within the FTC
The lawsuit has sparked debate within the FTC itself. Two Republican commissioners, including Andrew Ferguson, who will soon chair the commission, voted against pursuing the case.
Historical Context
The Robinson-Patman Act, enacted in 1936, has rarely been enforced in recent decades. The FTC’s decision to file this case marks a significant step toward reviving its use to address concerns about price discrimination and anti-competitive practices.
This lawsuit could have far-reaching implications for the retail and consumer goods industries, as it raises critical questions about fairness in pricing and market competition.
PepsiCo’s website at https://www.pepsico.com/.
For U.S. government resources, the official portal is https://www.usa.gov/.