The US Federal Trade Commission (FTC) has launched legal action against PepsiCo, accusing the company of engaging in “illegal price discrimination” within soft drinks.

The lawsuit, filed on 17 January 2025, contends that PepsiCo's preferential treatment of a retailer constituted a breach of the Robinson-Patman Act (RPA), a legislation designed to protect fair competition by prohibiting anticompetitive price discrimination.

The lawsuit is the second Robinson-Patman Act case filed by the FTC during the Biden administration. In December, the FTC sued alcohol distributor Southern Glazer’s Wine and Spirits LLC for charging mom-and-pop grocers higher prices than large retail chains.

"Today's complaint against Pepsi is wholly deficient, not only because the pleadings fail to state a claim, but because the Majority rushed the case out the door before it had evidence to support the allegations,

A lawsuit filed by the Federal Trade Commission alleges that food and beverage maker PepsiCo engaged in illegal price discrimination by giving unfair price advantages to one big-box retailer.

The FTC is suing PepsiCo for allegedly rigging the market by offering “unfair pricing advantages” that can contribute to inflation.

PepsiCo, Inc. (NASDAQ:PEP), a global leader in the food and beverage industry with a market capitalization of $206.5 billion, finds itself navigating a complex market landscape as it enters 2025. The company,

A substantial portion of the FTC’s allegations were redacted in the complaint due to the legal protections afforded to both PepsiCo and the retailer, according to the FTC.

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The big-box retailer "consistently" received promotional payments and advertising from PepsiCo, which owns major brands including Frito Lay, Quaker and Gatorade, the FTC alleged.

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