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The lawsuit against Pepsi appears be an effort to get consumer-friendly litigation out the door before Khan’s time as head of the FTC is up and a more business-friendly antitrust cop enters the role.
The lawsuit accuses Pepsi of violating the Robinson-Patman Act, a 1930s law that prohibits price favoritism for larger customers over small businesses. According to the FTC, Pepsi has done things like offer promotional payments to big-box retailers but not to independent stores.
“When firms like Pepsi give massive retailers a leg up, it tilts the playing field against small firms and ultimately inflates prices for American consumers,” Khan said in a statement. Pepsi did not immediately respond to a request for comment.
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