The Federal Trade Commission (FTC) withdrew the agency’s lawsuit against Pepsi Cola for allegedly violating the Robinson-Patman Act (RPA). The withdrawal was supported by all three members of the FTC’s board, which currently has two vacant seats since President Trump removed the board’s two Democrats. The RPA outlaws price discrimination—which is when a distributor offers a retailer a discount unavailable to other stores. The suit against Pepsi was the second suit brought by the FTC during the Biden years. The last suit from the federal government for violating the RPA was in 2000.
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