FTC sues Pepsi for alleged price discrimination under Robinson-Patman Act

reason.com

The Federal Trade Commission (FTC) has sued Pepsi for allegedly violating the Robinson-Patman Act by providing promotional payments to a large retailer. This law prohibits price discrimination among retailers. Outgoing FTC Chair Lina Khan claims Pepsi's actions unfairly favor one retailer over others. Dissenting commissioners argue that the evidence is insufficient and that the law allows for different pricing based on sales costs. This lawsuit follows another RPA case filed in December 2024 against Southern Glazer's Wine and Spirits. The dissenting commissioners emphasize that the FTC should conduct thorough investigations before filing such cases.


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