FTC Sues PepsiCo for Alleged Price Discrimination

The agency accused Pepsi of unfairly favoring one big box retailer, a claim PepsiCo rejects as factually and legally incorrect.

Pepsi soft drinks in plastic bottles are on sale at a grocery store in New York on Nov. 15, 2023. Ted Shaffrey/AP Photo

The Federal Trade Commission (FTC) filed a lawsuit on Jan. 17 accusing PepsiCo of illegal price discrimination under the Robinson-Patman Act (RPA), accusing the global food and beverage company of granting a favored big box retailer special discounts and promotional benefits while charging higher prices to competing stores.

According to the FTC, Pepsi’s alleged practices forced some retailers to raise prices, leaving consumers to bear the burden.