FTC Nixes Antitrust Lawsuit Against PepsiCo Over Pricing

A worker arranges bottles of Pepsi on a shelf at a supermarket in Clifton Park, New York.

Photographer: Angus Mordant/Bloomberg

PepsiCo Inc. scored a major legal victory Thursday after the three members of the US Federal Trade Commission voted unanimously to dismiss an antitrust lawsuit that was filed at the very end of the Biden Administration.

The FTC sued Pepsi on January 17, with the commissioners voting along partisan lines to use a rarely invoked 1930s law called the Robinson-Patman Act that bars price discrimination against retailers.