FTC Files Lawsuit Alleging Beverage Price Discrimination

Complaint notes that discriminatory pricing practices were not justified.

January 17, 2025

The Federal Trade Commission (FTC) filed a complaint against PepsiCo for its practice of charging higher prices for its packaged beverages to convenience stores and select other small businesses.

The Robinson-Patman Act, a federal law that took effect in 1936, makes it illegal for product suppliers to discriminate against some competitor businesses in their pricing, but has seldom been enforced.

The FTC alleged that the company regularly charges higher prices to some stores than others—such as big-box stores—for the exact same products. The result of these practices, according to the complaint, is that customers who purchase these products end up paying higher prices than they should.

“We look forward to a resolution of this issue that creates a level playing field and a competitive climate for all retailers,” said NACS Legislative Committee Chairman Lonnie McQuirter.

Today’s complaint marks the second recent case filed by the FTC under the Robinson-Patman Act. In December 2024, the FTC filed suit against Southern Glazer’s Wine & Spirits, LLC.