PepsiCo, a major player in the food and beverage industry, is facing allegations in the US of engaging in unfair pricing practices with some retailers. The lawsuit, filed by a restaurant owner in the US Southern District of New York, claims that PepsiCo, the owner of the Gatorade brand, has been involved in “anticompetitive and deceptive business practices” related to the sale of its Pepsi soft drinks.
The plaintiff alleges that PepsiCo provided preferential pricing to retailers like Walmart, giving them an unfair advantage over other retailers selling Pepsi products. This alleged price discrimination includes offering promotional payments, allowances, and services to Walmart that are not available to other retailers on equal terms. As a result, Walmart is able to sell Pepsi products at lower prices, causing other retailers to lose significant business.
The lawsuit argues that PepsiCo’s actions violate the Robinson-Patman Act and Massachusetts state law by creating an artificial competitive advantage for Walmart. This is not the first time PepsiCo has faced such allegations. The US Federal Trade Commission had previously launched legal action against PepsiCo in January, accusing the company of engaging in illegal price discrimination within the soft drinks market.
In a statement, FTC chairman Andrew Ferguson confirmed that the lawsuit against PepsiCo had been dropped due to political motivations surrounding its initiation. This decision came after the FTC accused PepsiCo of providing unfair pricing advantages to a large retailer while increasing prices for other competing retailers and consumers.
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The original article “PepsiCo hit with US lawsuit over alleged price discrimination” was first published by Just Drinks, a GlobalData owned brand.