PepsiCo, Frito-Lay move to dismiss amended US price-discrimination claims
( April 28, 2026, 22:31 GMT | Official Statement) -- MLex Summary: PepsiCo and Frito-Lay moved to dismiss a third amended US complaint accusing them of illegally charging independent convenience stores far higher net prices for Frito-Lay snack chips than it charges to chain grocery stores, saying plaintiffs cannot plead a Robinson-Patman Act claim that satisfies the statute’s product-and transaction-specific requirements. The companies argued that the US Court of Appeals for the Ninth Circuit has long stressed that the law deals with specific sales transactions, and a prior order repeatedly emphasized the “individualized, transaction-specific nature” of RPA claims, but plaintiffs again press the opposite theory.See attached file. ...
Prepare for tomorrow’s regulatory change, today
MLex identifies risk to business wherever it emerges, with specialist reporters across the globe providing exclusive news and deep-dive analysis on the proposals, probes, enforcement actions and rulings that matter to your organization and clients, now and in the longer term.
Know what others in the room don’t, with features including:
- Daily newsletters for Antitrust, M&A, Trade, Data Privacy & Security, Technology, AI and more
- Custom alerts on specific filters including geographies, industries, topics and companies to suit your practice needs
- Predictive analysis from expert journalists across North America, the UK and Europe, Latin America and Asia-Pacific
- Curated case files bringing together news, analysis and source documents in a single timeline
Experience MLex today with a 14-day free trial.