United States | Publication | January 2023
The Federal Trade Commission (FTC) recently opened a preliminary investigation of PepsiCo and Coca-Cola Co. for potential price discrimination by the companies in violation of the Robinson-Patman Act (the RPA). The investigation marks the first major step in the FTC's revival of the RPA, which the agency hasn't enforced in decades. The FTC began signaling in 2021 that reviving RPA enforcement was one of its top priorities. Now, with the FTC's renewed enforcement of the RPA underway, businesses should be mindful of RPA's prohibitions on pricing discrimination and should review their pricing and marketing strategies policies to ensure compliance.
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At times, disputes arise among such parties as to whether multiple contracts involving a common matter should be read as a single, integrated contract, or as separate and distinct agreements.
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