ILSR Applauds Court Ordering the Unsealing of FTC Complaint Against PepsiCo in Major Victory for Transparency

FOR IMMEDIATE RELEASE

For media inquiries, please contact: Reggie Rucker, ILSR Communications Director

Federal judge rules keeping complaint sealed “cannot be justified” in light of public interest

WASHINGTON, D.C. (December 05, 2025) — The Institute for Local Self-Reliance (ILSR) applauded a federal court decision ordering the unsealing of the Federal Trade Commission’s (FTC) complaint against PepsiCo, calling it a significant victory for transparency and accountability in antitrust enforcement.

In an opinion issued Thursday, U.S. District Judge Jesse M. Furman ruled that the public has a constitutional right to access the FTC’s allegations that PepsiCo engaged in illegal price discrimination by providing “sweetheart deals” to a major retailer while disadvantaging competitors and inflating costs for consumers.

“Transparency is essential to understanding how concentrated corporate power affects communities, small businesses, and consumers,” said Stacy Mitchell, co-director of ILSR, in response to the ruling. “This ruling affirms the public’s right to know when the government accuses a corporation of breaking antitrust laws.”

“This case matters beyond PepsiCo,” Mitchell added. “It’s about whether Americans can understand how monopoly power operates in their grocery aisles and communities. Sunlight is the best disinfectant, and today the court let the light in.”

The case centers on allegations that PepsiCo violated the Robinson-Patman Act (RPA), a Depression-era law designed to prevent large companies from using discriminatory pricing to harm competition. The FTC filed its complaint in January 2025, but then dismissed it months later following the change in administration. ILSR has long advocated for the FTC to enforce RPA. After the dismissal, ILSR intervened and moved to unseal the heavily redacted complaint, arguing that the public interest in understanding these allegations far outweighed PepsiCo’s desire for secrecy.

“The First Amendment doesn’t just protect speech—it protects the public’s ability to see what happens in our courts and hold both corporations and government accountable,” said Katherine Van Dyck, attorney for ILSR in the matter. “This isn’t just about one complaint. It’s about establishing that companies cannot use vague confidentiality claims to shield their conduct from public scrutiny.”

Judge Furman agreed, rejecting arguments from PepsiCo and the U.S. Chamber of Commerce that broad redactions were justified. The court found that complaints carry a “strong presumption of public access” under both common law and the First Amendment, even when cases are dismissed without judicial action on the merits. 

ILSR will analyze and report on the unsealed complaint once it becomes publicly available next week.