The Federal Trade Commission on Friday sued PepsiCo for offering preferential prices to a major retailer, a source familiar with the matter confirmed that the retailer was Walmart.
This practice put other retailers, from major grocery chains to independent convenience stores, at a disadvantage and helped drive up consumer prices. the FTC said..
“PepsiCo strongly disputes the FTC's allegations and the partisan manner in which the lawsuit was filed,” the company said in a statement.
The lawsuit filed in New York alleges that the soft drink maker violated the Robinson-Patman Act, which has been largely unenforced by the federal government for decades.
Walmart declined to comment.
“The FTC's actions will ensure that all grocers and other businesses, regardless of size, are fairly evaluated on the merits of their skills, efficiency, and talent,” outgoing FTC Chair Lina Khan said in a statement. It will help us be able to compete.”
The FTC's two Republican commissioners, including Andrew Ferguson, who will become the commission's chairman after President-elect Donald Trump's inauguration on Monday, voted against the deal.
