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.
>“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.
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.
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.
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.
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.
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.
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.
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!”
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.
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.
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.
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.
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.
> 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.
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".
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.
I wish I could do the reverse. Could I and a million other people pay $20 now to a few law firms that could fight this without need for compensation and do everything to expose this to everyone in America?
Seems to be a pattern among all products I’ve ever encountered. I’m a heavy sales shopper. My local grocer (Ingles) will do a promo for Sargento cheese or Chobani yoghurt for instance, normal price of 5$ 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.
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.
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
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.
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]
Article exemplifies freedom of expression through investigative journalism; documents and exposes hidden facts about corporate misconduct; advocates for public knowledge and transparency
Observable Facts
Article references specific internal documents and communications from Pepsi about pricing strategy
Article documents the FTC complaint with detailed examples of alleged discrimination practices
Article credits the Institute for Local Self-Reliance with forcing the unsealing of previously redacted documents
Inferences
The investigative journalism exposes facts that powerful actors (Pepsi, Ferguson) attempted to suppress, directly exercising and defending freedom of expression
The detailed reporting enables public understanding of complex market mechanisms affecting consumer welfare
+0.60
Article 2Non-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
Observable Facts
FTC complaint alleges Pepsi offers 'Rollback pricing' and 'Save Even More' deals exclusively to Walmart, not to other retailers
Article describes Pepsi tracking competitors as 'offenders' of the price gap and raising wholesale prices against retailers who discount
Food Lion example: Pepsi punished the chain for competing on price by reducing promotional payments and raising costs
Inferences
The detailed documentation of pricing practices demonstrates systematic discrimination against smaller retailers and consumers
The framing of discrimination as 'presumptively illegal' advocates for enforcement of non-discrimination principles
+0.50
Article 7Equality 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
Observable Facts
Article documents that Ferguson 'abruptly dropped the case' the day before a scheduled hearing on unsealing the complaint
Article states Ferguson made 'bitter and personal' statements attacking Khan rather than addressing the evidence
Inferences
The suppression of evidence and dismissal of the case represents unequal application of law to powerful corporations
The publication of these facts advocates for restoring equal protection through legal transparency
+0.50
Article 21Political 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
Observable Facts
Article extensively documents Ferguson's attempt to keep the complaint 'secret' and 'redacted'
Article notes Judge Furman's decision to unseal the complaint, making it publicly available
Article frames transparency as essential to public accountability: 'Ferguson would have to litigate this case or risk deep embarrassment' if evidence stayed secret
Inferences
The suppression of information undermines democratic participation; the publication restores it
The article's emphasis on the need for public knowledge demonstrates advocacy for transparency as foundational to democratic oversight
+0.50
Article 22Social 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
Observable Facts
Article cites Atlanta Fed study showing 'food inflation is 0.46 percentage points higher' in concentrated markets and 'amounted to a 9% hike in food prices' from 2006-2020
Article states Pepsi raised prices 'by double digit percentages for seven straight quarters' in 2022-2023
Article emphasizes impact on consumers: 'Consumers end up paying more for soda' due to the collusion
Inferences
Food price inflation caused by market consolidation directly reduces access to an adequate standard of living
Antitrust enforcement is framed as a mechanism to protect social security and affordability
+0.50
Article 25Standard 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
Observable Facts
Article's opening discusses 'the clear relationship between consolidation in grocery stores and the rate of food inflation'
Article documents specific price increases imposed on consumers through the Pepsi-Walmart collusion
Article frames food affordability as foundational issue: 'Affordability, in other words, is a market power problem'
Inferences
Market power directly undermines the right to adequate food and standard of living through price inflation
Advocacy for antitrust enforcement positions competition as necessary to protect this fundamental right
+0.40
Article 8Right 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
Observable Facts
Judge Jesse Matthew Furman 'directed the FTC unseal the complaint' after hearing arguments from ILSR
Article notes 'there's likely going to be bipartisan pressure on the FTC, which can and should reopen the case'
Inferences
The unsealing of evidence and possibility of restarting enforcement represents restoration of effective legal remedy
Advocacy for FTC action demonstrates support for institutional mechanisms to provide remedy
+0.30
PreamblePreamble
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
Observable Facts
Article documents that a federal judge ordered the unsealing of a previously redacted FTC complaint
Article notes that FTC Chair Ferguson attempted to keep the complaint redacted and dropped the case before the unsealing hearing
Inferences
The attempt to suppress evidence contradicts the principle that justice should be foundational and transparent
The investigation itself exemplifies the commitment to making human rights violations visible
+0.30
Article 28Social & 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
Observable Facts
Article positions antitrust enforcement as necessary to restore a fair economic order: 'We can be almost certain that this is the same monopolistic deal Walmart has cut with other major grocery suppliers'
Article connects market consolidation to systemic harms: 'less competition, fewer local grocery stores, and higher prices'
Inferences
The article advocates for an economic system based on fair competition rather than concentrated market power
Systemic enforcement of antitrust law is framed as necessary to create the ordered, just society envisioned in Article 28
+0.20
Article 1Freedom, 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
Observable Facts
Article describes price discrimination as a violation of the Robinson-Patman Act, which prevents market power from creating unequal treatment
Inferences
The enforcement of anti-discrimination law in markets is framed as protecting equal dignity in economic relationships
ND
Article 3Life, Liberty, Security
ND
Article 4No Slavery
ND
Article 5No Torture
ND
Article 6Legal Personhood
ND
Article 9No Arbitrary Detention
ND
Article 10Fair Hearing
ND
Article 11Presumption of Innocence
ND
Article 12Privacy
ND
Article 13Freedom of Movement
ND
Article 14Asylum
ND
Article 15Nationality
ND
Article 16Marriage & Family
ND
Article 17Property
ND
Article 18Freedom of Thought
ND
Article 20Assembly & Association
ND
Article 23Work & Equal Pay
ND
Article 24Rest & Leisure
ND
Article 26Education
ND
Article 27Cultural Participation
ND
Article 29Duties to Community
ND
Article 30No Destruction of Rights
Structural Channel
What the site does
+0.30
Article 19Freedom 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
PreamblePreamble
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 21Political 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 1Freedom, 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 2Non-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 3Life, Liberty, Security
ND
Article 4No Slavery
ND
Article 5No Torture
ND
Article 6Legal Personhood
ND
Article 7Equality 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 8Right 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 9No Arbitrary Detention
ND
Article 10Fair Hearing
ND
Article 11Presumption of Innocence
ND
Article 12Privacy
ND
Article 13Freedom of Movement
ND
Article 14Asylum
ND
Article 15Nationality
ND
Article 16Marriage & Family
ND
Article 17Property
ND
Article 18Freedom of Thought
ND
Article 20Assembly & Association
ND
Article 22Social 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 23Work & Equal Pay
ND
Article 24Rest & Leisure
ND
Article 25Standard 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 26Education
ND
Article 27Cultural Participation
ND
Article 28Social & 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 29Duties to Community
ND
Article 30No Destruction of Rights
Supplementary Signals
Epistemic Quality
0.68
Propaganda Flags
2techniques 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)
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2026-02-26 21:03
rater_validation_warn
Validation warnings for model deepseek-v3.2: 23W 23R
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2026-02-26 20:02
dlq
Dead-lettered after 1 attempts: Secret Documents Show Pepsi and Walmart Colluded to Raise Food Prices
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2026-02-26 20:00
dlq
Dead-lettered after 1 attempts: Secret Documents Show Pepsi and Walmart Colluded to Raise Food Prices
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2026-02-26 20:00
eval_failure
Evaluation failed: Error: Unknown model in registry: llama-4-scout-wai
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2026-02-26 20:00
eval_failure
Evaluation failed: Error: Unknown model in registry: llama-4-scout-wai
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2026-02-26 19:59
rate_limit
OpenRouter rate limited (429) model=llama-3.3-70b
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2026-02-26 19:58
rate_limit
OpenRouter rate limited (429) model=llama-3.3-70b
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2026-02-26 19:57
rate_limit
OpenRouter rate limited (429) model=llama-3.3-70b
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2026-02-26 19:53
rater_validation_fail
Validation failed for model llama-4-scout-wai
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2026-02-26 19:12
dlq
Dead-lettered after 1 attempts: Secret Documents Show Pepsi and Walmart Colluded to Raise Food Prices
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2026-02-26 19:09
rate_limit
OpenRouter rate limited (429) model=llama-3.3-70b
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2026-02-26 19:08
rate_limit
OpenRouter rate limited (429) model=llama-3.3-70b
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2026-02-26 19:07
rate_limit
OpenRouter rate limited (429) model=llama-3.3-70b
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2026-02-26 09:33
dlq
Dead-lettered after 1 attempts: Secret Documents Show Pepsi and Walmart Colluded to Raise Food Prices