PepsiCo faces allegations of price discrimination from the FTC, which claims it is increasing costs for consumers.

PepsiCo faces allegations of price discrimination from the FTC, which claims it is increasing costs for consumers.
PepsiCo faces allegations of price discrimination from the FTC, which claims it is increasing costs for consumers.
  • PepsiCo is being sued by the Federal Trade Commission for allegedly providing an unnamed big box retailer with better prices than its competitors.
  • The unnamed retailer is Walmart, sources familiar with the matter told CNBC.
  • Pepsi denied the allegations and called the lawsuit partisan.

The FTC announced on Friday that it is filing a lawsuit against for price discrimination, accusing the food and beverage corporation of providing an unnamed retailer with better prices than its competitors.

is the unnamed retailer, people familiar with the matter told CNBC.

The FTC claims that Pepsi violated the Robinson-Patman Act by providing different prices and allowances to competing buyers for the same commodity, and by selectively providing advertising and promotional tools to Walmart while not offering the same to its rivals.

The FTC's lawsuit against Pepsi is factually and legally incorrect, as Pepsi has denied the allegations.

"PepsiCo strongly denies the FTC's allegations and the partisan way the lawsuit was filed. We will vigorously defend ourselves in court. Our practices align with industry standards, and we do not discriminate against customers by providing discounts or promotional support selectively."

Walmart did not immediately respond to a request for comment from CNBC.

The sealed complaint, filed in the Southern District of New York, is currently being reviewed.

The FTC stated that a significant portion of the alleged violations in the lawsuit are concealed due to legal safeguards granted to Pepsi and the large retailer. The commission aims to remove the redactions to demonstrate how Pepsi breached the law and how these alleged actions resulted in higher prices for competing retailers.

In 1936, the Robinson-Patman Act was passed, but during the 1980s deregulation, the federal government stopped enforcing it. Recently, the FTC resumed its enforcement by suing Southern Glazer's, the largest U.S. distributor of wine and spirits, in December.

On the last business day before President-elect Donald Trump's inauguration on Monday, a lawsuit will be filed, ending Lina Khan's tenure as chair of the FTC. Her Republican successor, Andrew Ferguson, who is currently on the commission, has released a statement expressing dissent against the decision to sue Pepsi.

In its final days, the Biden administration has intensified its legal actions against corporations and their executives, including Capital One, Southwest Airlines, and Elon Musk.

— CNBC's Mary Catherine Wellons contributed reporting for this story.

by Amelia Lucas

Business News