The Federal Trade Commission has claimed that Walmart received preferential pricing from PepsiCo, according to a newly unsealed complaint tied to a government lawsuit against PepsiCo that was dismissed earlier this year. The FTC alleged that PepsiCo violated the Robinson-Patman Act by offering Walmart lower average retail prices than competitors. The complaint stated that PepsiCo provided Walmart with promotional payments, allowances, and other services while failing to extend similar benefits on proportional terms to other retailers.
The lawsuit, initially filed in January and dismissed without prejudice in May, focused on allegations of price manipulation favoring Walmart. The newly unsealed documents reveal the extent of the FTC’s scrutiny, claiming that PepsiCo’s preferential pricing disadvantaged retailers competing with Walmart, including family-owned grocery stores, local convenience stores, mid-tier grocers, and independent retailers nationwide. Walmart responded that it does not comment on legal cases but emphasized its commitment to negotiating on behalf of customers to provide value and low prices.
Although Walmart was not publicly named in the original filing, independent grocers have long cited the retailer in calls for stricter enforcement of antitrust regulations like the Robinson-Patman Act. The National Grocers Association said the unsealed complaint underscores ongoing concerns among community grocers about anticompetitive practices. The association urged the FTC to continue enforcing the Robinson-Patman Act, stressing that independent grocers are seeking only a level playing field to support local jobs, promote competition, and maintain consumer choice and value.