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+0.50 Secret Documents Show Pepsi and Walmart Colluded to Raise Food Prices (www.thebignewsletter.com)
601 points by connor11528 73 days ago | 161 comments on HN | Moderate positive Editorial · v3.7 ·
Summary Market Power & Economic Justice Advocates
This investigative article documents alleged price discrimination between Pepsi and Walmart revealed through an unsealed FTC complaint. The piece engages strongly with UDHR principles of non-discrimination, freedom of expression, democratic transparency, and adequate standard of living, while exposing how market consolidation harms consumers and smaller competitors. The article advocates for antitrust enforcement and criticizes government attempts to suppress evidence of corporate misconduct.
Article Heatmap
Preamble: +0.41 — Preamble P Article 1: +0.20 — Freedom, Equality, Brotherhood 1 Article 2: +0.60 — Non-Discrimination 2 Article 3: ND — Life, Liberty, Security Article 3: No Data — Life, Liberty, Security 3 Article 4: ND — No Slavery Article 4: No Data — No Slavery 4 Article 5: ND — No Torture Article 5: No Data — No Torture 5 Article 6: ND — Legal Personhood Article 6: No Data — Legal Personhood 6 Article 7: +0.50 — Equality Before Law 7 Article 8: +0.40 — Right to Remedy 8 Article 9: ND — No Arbitrary Detention Article 9: No Data — No Arbitrary Detention 9 Article 10: ND — Fair Hearing Article 10: No Data — Fair Hearing 10 Article 11: ND — Presumption of Innocence Article 11: No Data — Presumption of Innocence 11 Article 12: ND — Privacy Article 12: No Data — Privacy 12 Article 13: ND — Freedom of Movement Article 13: No Data — Freedom of Movement 13 Article 14: ND — Asylum Article 14: No Data — Asylum 14 Article 15: ND — Nationality Article 15: No Data — Nationality 15 Article 16: ND — Marriage & Family Article 16: No Data — Marriage & Family 16 Article 17: ND — Property Article 17: No Data — Property 17 Article 18: ND — Freedom of Thought Article 18: No Data — Freedom of Thought 18 Article 19: +0.74 — Freedom of Expression 19 Article 20: ND — Assembly & Association Article 20: No Data — Assembly & Association 20 Article 21: +0.38 — Political Participation 21 Article 22: +0.50 — Social Security 22 Article 23: ND — Work & Equal Pay Article 23: No Data — Work & Equal Pay 23 Article 24: ND — Rest & Leisure Article 24: No Data — Rest & Leisure 24 Article 25: +0.65 — Standard of Living 25 Article 26: ND — Education Article 26: No Data — Education 26 Article 27: ND — Cultural Participation Article 27: No Data — Cultural Participation 27 Article 28: +0.30 — Social & International Order 28 Article 29: ND — Duties to Community Article 29: No Data — Duties to Community 29 Article 30: ND — No Destruction of Rights Article 30: No Data — No Destruction of Rights 30
Negative Neutral Positive No Data
Aggregates
Weighted Mean +0.50 Unweighted Mean +0.47
Max +0.74 Article 19 Min +0.20 Article 1
Signal 10 No Data 21
Confidence 21% Volatility 0.16 (Medium)
Negative 0 Channels E: 0.6 S: 0.4
SETL +0.36 Editorial-dominant
FW Ratio 56% 24 facts · 19 inferences
Evidence: High: 2 Medium: 7 Low: 1 No Data: 21
Theme Radar
Foundation Security Legal Privacy & Movement Personal Expression Economic & Social Cultural Order & Duties Foundation: 0.40 (3 articles) Security: 0.00 (0 articles) Legal: 0.45 (2 articles) Privacy & Movement: 0.00 (0 articles) Personal: 0.00 (0 articles) Expression: 0.56 (2 articles) Economic & Social: 0.57 (2 articles) Cultural: 0.00 (0 articles) Order & Duties: 0.30 (1 articles)
HN Discussion 17 top-level · 21 replies
JKCalhoun 2025-12-15 23:08 UTC link
"A Trump official tasked with dealing with affordability tried to hide this complaint…"

Why? Unless there was some kind of payola, this is doesn't make sense.

GenerWork 2025-12-15 23:21 UTC link
>“I actually think we’re capable of taking whatever pricing we need,” said CFO Hugh Johnston in 2022. And the company did just that, raising prices by double digit percentages for seven straight quarters in 2022-2023.

I hate to say it, but was he proven wrong? People are still buying junk food and soda (their primary products) despite prices going up. Looking at Pepsis profit margin, it seems to have hovered between 9.5% and 10.5% since 2021.

yndoendo 2025-12-15 23:25 UTC link
Bigger the company the more power they have to dictate the purchasing price from producers and the cost for consumers. This is not just in the food industry it is also in retail such as Amazon.

Companies like Kroger are so big they dictate the purchase prices from farms. The farmers were better off in the past with multiple competitors creating a bidding war. Same with consumers, products had to be priced right to win their business.

A company I work for had to give free engineering labor in millions of dollars to get access to one of the largest retailers in the USA. Too big not-to-do-business-with harms everyone except the retailer.

agentifysh 2025-12-16 00:16 UTC link
Time for a class action lawsuit. You can submit your personal information to a wordpress powered law firm's upload forms in exchange for your twenty bucks without inflation compensation in about 5 years and they collect a cool 50% fee distributed amongst millionaire lawyers.
theLegionWithin 2025-12-16 00:26 UTC link
soda isn't actually food, nor is it healthy. Pepsi should be $40 a carton
therobots927 2025-12-16 04:44 UTC link
Shout out to Friedman, Hayek, Rand, Reagan, and their neoliberal enablers in the democrat party like Clinton. All US Citizens and the unlucky citizens of our colonies are property of US corporations. Bought and paid for. It’s about to become really obvious to anyone paying even the smallest amount of attention just how screwed anyone not in the top 1-5% really is.
scentoni 2025-12-16 04:51 UTC link
The greatest enemy of a free market is a successful capitalist.
jimt1234 2025-12-16 05:28 UTC link
> A Trump official tasked with dealing with affordability tried to hide this complaint...

First, that made me raise an eyebrow.

> ...and failed.

Then, that made me laugh.

> And now there’s a political and legal storm as a result.

Finally, that made me sigh, because nothing's gonna happen. The "storm" will pass, as it always does.

kotaKat 2025-12-16 11:16 UTC link
Oh! I've witnessed this quietly every time I buy soda!

I'm a habitual enough soda drinker that I'm a six-pack-a-day diet soda drinker (don't judge me, at least it's not Red Bull). I notice that there's vendor collusion at Walmart for months at a time where the Pepsi six-packs will typically go on sale for a few months at a sub-$4 to $5 price (currently it's $4.98) while Coke packs will be $5-6 off sale.

Cycle three to four months and Coke will enter the $4 position and Pepsi goes back up to a full retail price for the next quarter.

I've always seen the 'cycle' of the two competitors constantly hitting a 'sale' price across various retailers.

hasbot 2025-12-16 13:17 UTC link
Where are the mainstream media stories about this? The article mentioned the story blowing up but a Google search showed only one media outlet covering the story.
dominicrose 2025-12-16 13:41 UTC link
As if we needed another reason not to buy junk food. By the way, in France we have a 5.5% VAT on food, instead of 20% for other products. Junk food is also 5.5% but cat food is 20%. I wonder if this is going to change some day for junk food or sodas.
twoodfin 2025-12-16 14:22 UTC link
The Robinson-Patman Act is terrible law. It’s been routinely violated (unknowingly in most cases) for decades across effectively every sector of the economy & enforced vanishingly rarely.

If it were to be enforced uniformly and aggressively it would be devastating: Every negotiation between a supplier and a purchaser at every level is potentially a federal crime!

If it were to be enforced capriciously, it would put unchecked power over everyday commerce—again at every level—into the hands of the FTC and its political masters.

No thanks. Repeal it so we can stop hearing about this “one neat trick to roll back neoliberalism!”

hereme888 2025-12-16 17:21 UTC link
The legal theory is Robinson-Patman promotional discrimination, not a price-fixing judgment. The complaint’s factual story can imply broader price effects, but that is not the same as “proven collusion” across the whole economy. The case was not dropped in February; it was extended.
codingrightnow 2025-12-16 17:32 UTC link
Just stop buying Pepsi products. Stop going to Walmart. You don't need either. You don't need potato chips or soda or Gatorade or any of the other poison they produce.
everdev 2025-12-16 22:11 UTC link
This is just the tip of the iceberg, and it's only in the grocery shopping industry.

Our country and civilization is slowly turning into organized crime.

MagicMoonlight 2025-12-17 19:21 UTC link
Companies are enshittifying everything so quickly now that it must be via collusion.
JKCalhoun 2025-12-15 23:17 UTC link
Something like this has been going on in the restaurant world since seemingly forever. When I worked at a pizza joint (40-some years ago) we only served Pepsi drinks.

I was young and dumb enough then not to know that, for example, 7-Up and Sprite were not independent soft-drinks. I assumed every flavor of soda was its own company. I soon started to notice the drink pattern based on whether they had Coke or Pepsi. Those two owned all the other flavors—and they each had their own variant of the other's.

I was told too by management that we only bought Pepsi drinks. Again, native me thought, "Why not have both Coke and Pepsi and let the customer decide?" I am not sure whether there was a pricing issue that prevented management from buying both—like the loss of a discount for going Coke-only or whatever.

Of course you always saw signage, etc. around the restaurant with Pepsi logos (or Coca-Cola logos at other restaurants) so you knew there were gifts in other forms that one of the two would entice the owner with.

What a slow growing up I have gone through since then. It seems like the kind of thing they ought to teach in primary education.

WolfeReader 2025-12-15 23:30 UTC link
Capitalism as it is taught: lots of companies competing with each other, resulting in better goods at affordable prices! The customer wins!

Capitalism in practice: a relative handful of rich people cooperating with each other to extract as much money as possible from the middle and lower classes.

You can see which version of capitalism this document supports.

The "fiscally conservative" aspect of the Republican party (and the Democratic party to a lesser degree) don't want people to think of capitalism-in-practice; they want happy consumers who think that competition is still a thing. Since this document clearly goes against that narrative, it must be suppressed.

janalsncm 2025-12-15 23:35 UTC link
The point of the complaint is that they were able to do this due to illegal collusion.

And even if people buy a lot of junk food, they might have bought competitors’ junk food. Laws are still laws even if you don’t like the people the laws protect.

janalsncm 2025-12-15 23:37 UTC link
According to TFA, Pepsi hired lobbyists immediately prior to the complaint being hidden.
autoexec 2025-12-16 00:35 UTC link
> Bigger the company the more power they have to dictate the purchasing price from producers and the cost for consumers.

That wasn't always true. The Robinson-Patman Act made it illegal to give preferential treatment to large retailers specifically in order to prevent what we're seeing with walmart and amazon today. The US just stopped enforcing the law (and also anti-trust laws that would have protected local/small businesses) so here we are. At any point the US could decide that enough is enough and fix the situation but we'd probably have to make it actually illegal for corporations to bribe government officials before it stands a chance of happening.

hackthemack 2025-12-16 00:42 UTC link
Something is seriously wrong with the US justice system. Some links to bolster your point.

https://waldenconsultants.com/2020/04/13/yet-another-study-s...

https://en.wikipedia.org/wiki/High-Tech_Employee_Antitrust_L...

nitwit005 2025-12-16 00:55 UTC link
You should look up what PepsiCo owns.
nitwit005 2025-12-16 01:07 UTC link
There often is a payment in the form of campaign contributions, and mysteriously cushy jobs after retirement from politics.

But, beyond that, while logically voters should vote against politicians that favor businesses over them, they often appear to do the opposite. They simply gain the label of "business friendly".

smallmancontrov 2025-12-16 01:13 UTC link
But Robert Bork and the Chicago School of Economics and Ronald Reagan and the Republican Party assured me that mergers and trusts were good for me! Look, the companies even have self-serving rationalizations scribbled with crayons on butcher paper saying the same thing!

Seriously, though: I cannot believe how high and how far these utterly dogshit arguments flew without pushback and the amount of damage that consolidation has done to the American Experiment. The best time to get a Lina Khan in the FTC was 40 years ago but the second best time was 4 years ago. I just hope the next president picks up the project... though I'm sure the (by then) trillionaires will do everything in their power to stop that from happening.

xrd 2025-12-16 01:14 UTC link
I wish I could do the reverse. Could I and a million other people pay $20 now to a few law firms that could fight this without need for compensation and do everything to expose this to everyone in America?
anigbrowl 2025-12-16 06:40 UTC link
Game recognize game
antonymoose 2025-12-16 14:14 UTC link
Seems to be a pattern among all products I’ve ever encountered. I’m a heavy sales shopper. My local grocer (Ingles) will do a promo for Sargento cheese or Chobani yoghurt for instance, normal price of 5$ let’s say, then drop it to $2 for a week, then to $4 the next week, then back to full price. This rinses and repeats every 2 or 3 months for most sales products.

Sadly for this RedBull drinker, they never go on sale, at all, ever, anywhere.

GuinansEyebrows 2025-12-16 16:39 UTC link
please, please read Dark Money by Jane Mayer if you haven't already.
codingrightnow 2025-12-16 17:35 UTC link
The storm is likely within the administration and across governmental departments. Trump will try to drive out whoever doesn't toe his line, even if he legally doesn't have the authority to do so.
whamlastxmas 2025-12-16 17:41 UTC link
Okay I'll go to Kroger who also has horrible anti competitive practices and buy their store brand which is literally just Nestle but in different packaging
everdev 2025-12-16 22:12 UTC link
My choice now is to give every excess penny I have to food or starve to death.
foxyv 2025-12-17 17:47 UTC link
Why do you think that all the other brands don't have similar deals?
foxyv 2025-12-17 17:53 UTC link
I used to drink a lot of seltzer purchased in those 1 liter bottles. Then I bought a countertop soda maker. I can make the same amount of soda that I was paying $1.50 for at the store for $0.20 now. (I refill my own CO2 off a 10 lb tank) I can't imagine paying more than $0.50 for a liter of soda anymore. They have got to be making an obscene profit on those drinks.

Even weirder, the drinks that I flavor myself taste way better than the ones in the store. I suspect they have been titrating their flavoring down over time. Root Beer I make myself using drink powder tastes way better than the ones from the store. Same for grape and orange sodas.

camgunz 2025-12-17 18:00 UTC link
Or like any mea culpas. I remember Larry Summers scoffing about this, as well as our very own Walter Bright.
tencentshill 2025-12-17 21:23 UTC link
I just look at $7 for a bag of chips (which seems to get smaller every year) and it makes the decision easy.
araes 2025-12-21 22:01 UTC link
Cigarette companies (no surprise) are known to do a similar type of price fixing, although in their case it's targeting high-income shoppers for lack of discounts.

Noticed it a while locally, and national data agrees. If you want to shop for cigarettes, shop in low income, minority areas. [1] Cigarette companies specifically target stores with regular, habitual, high-income smokers for high prices and lack of discounts, while offering significant bargains in stores less than a mile away. [2]

[1] https://pmc.ncbi.nlm.nih.gov/articles/PMC6689253/

[2] https://truthinitiative.org/research-resources/tobacco-indus...

Editorial Channel
What the content says
+0.70
Article 19 Freedom of Expression
High Advocacy Coverage
Editorial
+0.70
SETL
+0.53

Article exemplifies freedom of expression through investigative journalism; documents and exposes hidden facts about corporate misconduct; advocates for public knowledge and transparency

+0.60
Article 2 Non-Discrimination
High Advocacy Coverage Framing
Editorial
+0.60
SETL
ND

Central focus of article is price discrimination—the complaint charges that Pepsi systematically charges different prices to different retailers based on their relationship with Walmart. Article extensively documents this discrimination and advocates for enforcement

+0.50
Article 7 Equality Before Law
Medium Advocacy Practice
Editorial
+0.50
SETL
ND

Article strongly advocates for equal protection before law through antitrust enforcement; criticizes FTC Chair Ferguson for attempting to suppress legal proceedings and evidence, which violates equal protection

+0.50
Article 21 Political Participation
Medium Advocacy Coverage Practice
Editorial
+0.50
SETL
+0.39

Central theme is democratic participation through transparency and public accountability; article advocates for public knowledge of corporate conduct and government decision-making; criticizes suppression of information

+0.50
Article 22 Social Security
Medium Advocacy Coverage
Editorial
+0.50
SETL
ND

Article directly addresses social security and adequate standard of living through the lens of food affordability; documents how monopolistic practices raise food prices; advocates for antitrust enforcement to restore affordable access

+0.50
Article 25 Standard of Living
Medium Advocacy Coverage
Editorial
+0.50
SETL
ND

Article engages with right to health and adequate standard of living through focus on food pricing; documents how market consolidation harms food access; advocates for competition as means to protect this right

+0.40
Article 8 Right to Remedy
Medium Advocacy Coverage
Editorial
+0.40
SETL
ND

Article documents access to remedy through legal proceedings; celebrates the judge's decision to unseal the complaint as restoring effective remedy; advocates for reopening the case

+0.30
Preamble Preamble
Medium Advocacy Framing
Editorial
+0.30
SETL
+0.17

Article implicitly advocates for the UDHR principle that justice and fairness are foundational to human dignity; criticizes suppression of evidence and unfair market practices

+0.30
Article 28 Social & International Order
Medium Advocacy Framing
Editorial
+0.30
SETL
ND

Article advocates for a social and economic order based on fair competition and justice; frames market consolidation as a systemic threat requiring institutional response

+0.20
Article 1 Freedom, Equality, Brotherhood
Low Framing
Editorial
+0.20
SETL
ND

Article's critique of price discrimination relates indirectly to the principle of equal dignity and rights; market power prevents equal treatment in economic transactions

ND
Article 3 Life, Liberty, Security

ND
Article 4 No Slavery

ND
Article 5 No Torture

ND
Article 6 Legal Personhood

ND
Article 9 No Arbitrary Detention

ND
Article 10 Fair Hearing

ND
Article 11 Presumption of Innocence

ND
Article 12 Privacy

ND
Article 13 Freedom of Movement

ND
Article 14 Asylum

ND
Article 15 Nationality

ND
Article 16 Marriage & Family

ND
Article 17 Property

ND
Article 18 Freedom of Thought

ND
Article 20 Assembly & Association

ND
Article 23 Work & Equal Pay

ND
Article 24 Rest & Leisure

ND
Article 26 Education

ND
Article 27 Cultural Participation

ND
Article 29 Duties to Community

ND
Article 30 No Destruction of Rights

Structural Channel
What the site does
+0.30
Article 19 Freedom of Expression
High Advocacy Coverage
Structural
+0.30
Context Modifier
+0.20
SETL
+0.53

Publication platform enables free expression; the content itself is a direct exercise of investigative reporting rights

+0.20
Preamble Preamble
Medium Advocacy Framing
Structural
+0.20
Context Modifier
+0.15
SETL
+0.17

Publication and transparency of investigation support the preamble's emphasis on recognition of rights and justice

+0.20
Article 21 Political Participation
Medium Advocacy Coverage Practice
Structural
+0.20
Context Modifier
0.00
SETL
+0.39

Publication provides access to information enabling democratic scrutiny; structure supports informed citizenship

ND
Article 1 Freedom, Equality, Brotherhood
Low Framing

Article's critique of price discrimination relates indirectly to the principle of equal dignity and rights; market power prevents equal treatment in economic transactions

ND
Article 2 Non-Discrimination
High Advocacy Coverage Framing

Central focus of article is price discrimination—the complaint charges that Pepsi systematically charges different prices to different retailers based on their relationship with Walmart. Article extensively documents this discrimination and advocates for enforcement

ND
Article 3 Life, Liberty, Security

ND
Article 4 No Slavery

ND
Article 5 No Torture

ND
Article 6 Legal Personhood

ND
Article 7 Equality Before Law
Medium Advocacy Practice

Article strongly advocates for equal protection before law through antitrust enforcement; criticizes FTC Chair Ferguson for attempting to suppress legal proceedings and evidence, which violates equal protection

ND
Article 8 Right to Remedy
Medium Advocacy Coverage

Article documents access to remedy through legal proceedings; celebrates the judge's decision to unseal the complaint as restoring effective remedy; advocates for reopening the case

ND
Article 9 No Arbitrary Detention

ND
Article 10 Fair Hearing

ND
Article 11 Presumption of Innocence

ND
Article 12 Privacy

ND
Article 13 Freedom of Movement

ND
Article 14 Asylum

ND
Article 15 Nationality

ND
Article 16 Marriage & Family

ND
Article 17 Property

ND
Article 18 Freedom of Thought

ND
Article 20 Assembly & Association

ND
Article 22 Social Security
Medium Advocacy Coverage

Article directly addresses social security and adequate standard of living through the lens of food affordability; documents how monopolistic practices raise food prices; advocates for antitrust enforcement to restore affordable access

ND
Article 23 Work & Equal Pay

ND
Article 24 Rest & Leisure

ND
Article 25 Standard of Living
Medium Advocacy Coverage

Article engages with right to health and adequate standard of living through focus on food pricing; documents how market consolidation harms food access; advocates for competition as means to protect this right

ND
Article 26 Education

ND
Article 27 Cultural Participation

ND
Article 28 Social & International Order
Medium Advocacy Framing

Article advocates for a social and economic order based on fair competition and justice; frames market consolidation as a systemic threat requiring institutional response

ND
Article 29 Duties to Community

ND
Article 30 No Destruction of Rights

Supplementary Signals
Epistemic Quality
0.68
Propaganda Flags
2 techniques detected
causal oversimplification
Article attributes food inflation primarily to consolidation/market power, though multiple economic factors contribute. Framing of Pepsi-Walmart collusion as THE cause of affordability crisis oversimplifies
appeal to fear
Repeated emphasis on consumer harm and rising prices creates concern about affordability impacts. Phrases like 'consumers end up paying more' and 'less competition, fewer local grocery stores' are designed to evoke concern
Solution Orientation
No data
Emotional Tone
No data
Stakeholder Voice
No data
Temporal Framing
No data
Geographic Scope
No data
Complexity
No data
Transparency
No data
Event Timeline 16 events
2026-02-26 21:03 eval_success Evaluated: Mild positive (0.14) - -
2026-02-26 21:03 rater_validation_warn Validation warnings for model deepseek-v3.2: 23W 23R - -
2026-02-26 20:02 dlq Dead-lettered after 1 attempts: Secret Documents Show Pepsi and Walmart Colluded to Raise Food Prices - -
2026-02-26 20:00 dlq Dead-lettered after 1 attempts: Secret Documents Show Pepsi and Walmart Colluded to Raise Food Prices - -
2026-02-26 20:00 eval_failure Evaluation failed: Error: Unknown model in registry: llama-4-scout-wai - -
2026-02-26 20:00 eval_failure Evaluation failed: Error: Unknown model in registry: llama-4-scout-wai - -
2026-02-26 19:59 rate_limit OpenRouter rate limited (429) model=llama-3.3-70b - -
2026-02-26 19:58 rate_limit OpenRouter rate limited (429) model=llama-3.3-70b - -
2026-02-26 19:57 rate_limit OpenRouter rate limited (429) model=llama-3.3-70b - -
2026-02-26 19:53 rater_validation_fail Validation failed for model llama-4-scout-wai - -
2026-02-26 19:12 dlq Dead-lettered after 1 attempts: Secret Documents Show Pepsi and Walmart Colluded to Raise Food Prices - -
2026-02-26 19:09 rate_limit OpenRouter rate limited (429) model=llama-3.3-70b - -
2026-02-26 19:08 rate_limit OpenRouter rate limited (429) model=llama-3.3-70b - -
2026-02-26 19:07 rate_limit OpenRouter rate limited (429) model=llama-3.3-70b - -
2026-02-26 09:33 dlq Dead-lettered after 1 attempts: Secret Documents Show Pepsi and Walmart Colluded to Raise Food Prices - -
2026-02-26 09:20 credit_exhausted Credit balance too low, retrying in 357s - -
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