Pepsi and Walmart named as conspirators in price‑fixing lawsuit

A class action filed in U.S. federal court by plaintiff Martin Gelbspan alleges PepsiCo and Walmart conspired to keep Pepsi soft‑drink prices lower at Walmart and higher at other retailers; both companies have said they comply with laws or are aware of the litigation.

A class action filed last month in federal court in New York alleges that PepsiCo and Walmart conspired to fix the prices of Pepsi soft drinks. The complaint, brought by lead plaintiff Martin Gelbspan, says prices were kept lower at Walmart and higher at other retailers for an extended period. It asserts violations of state antitrust laws, the Sherman Antitrust Act and the common law doctrine of unjust enrichment. Both companies issued statements noting legal compliance or awareness of the litigation. Key facts: - The complaint alleges a vertical price‑fixing scheme that made Pepsi cheaper at Walmart and more expensive at other retailers for over a decade. - The filing cites alleged violations of state antitrust laws, the 1890 Sherman Antitrust Act, and unjust enrichment claims. - PepsiCo said it operates in compliance with applicable laws and maintains non‑discriminatory pricing, and Walmart said it is aware of the litigation and negotiates on behalf of customers. - The lawsuit follows an earlier FTC case against Pepsi that was dropped in May 2025; that prior action focused on alleged preferential pricing under the Robinson‑Patman Act and named Pepsi alone. Summary: The complaint alleges a multi‑year scheme affecting Pepsi soft‑drink prices and names PepsiCo and Walmart as defendants. Both companies have publicly addressed the litigation; the filing does not report a court decision or a next scheduled court date. Undetermined at this time.