The Federal Trade Commission (FTC) has voted unanimously to dismiss without prejudice a Robinson-Patman Act lawsuit against PepsiCo, Inc. The lawsuit, authorized on January 17, 2025, in the final days of the Biden administration, alleged that PepsiCo violated Section 5 of the FTC Act and Sections 2(d) and 2(e) of the Robinson-Patman Act by providing unfair price advantages to Walmart over other vendors and consumers. The case was filed in the U.S. District Court for the Southern District of New York. At the time of filing, the FTC was chaired by Lina Khan, with support from Democratic Commissioners Rebecca Slaughter and Alvaro Bedoya, while Republican Commissioners Andrew Ferguson and Melissa Holyoak dissented. After President Trump took office, Lina Khan resigned and Andrew Ferguson became FTC chairman. The current Republican-controlled FTC criticized the prior commission's decision to file the lawsuit, with Ferguson calling it a 'dubious partisan stunt.' The Commission's vote to dismiss the complaint was 3-0. FTC Commissioner Melissa Holyoak stated that the dismissal allows FTC staff to focus on enforcement actions where there is reason to believe the law has been violated. PepsiCo said it was pleased with the withdrawal and reiterated its commitment to providing all customers with fair, competitive, and non-discriminatory pricing, discounts, and promotional value.