PEPSICO, INC., Plaintiff-Appellant,
v.
FEDERAL TRADE COMMISSION et al., Defendants-Appellees.
PEPSI-COLA BOTTLING COMPANY OF CORVALLIS, INC., Plaintiff-Intervenor-Appellant,
v.
FEDERAL TRADE COMMISSION et al., Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued October 12, 1972.
Decided November 20, 1972.
Attorney(s) appearing for the Case
Milton Handler, New York City (Kaye, Scholer, Fierman, Hays & Handler, and Fred A. Freund, Elizabeth Head, Herbert Schreiber, and Robert A. Burka, New York City, of counsel), for plaintiff-appellant.
Robert J. Sisk, New York City (Hughes Hubbard & Reed, and James B. Kobak, Jr., New York City, of counsel), for plaintiff-intervenor-appellant.
Frank H. Wohl, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., and T. Gorman Reilly, Asst. U. S. Atty., of counsel), for defendants-appellees.
Harold D. Rhynedance, Jr., and James P. Timony, Washington, D. C., of counsel, for defendant-appellee, the Federal Trade Commission.
Before FRIENDLY, Chief Judge, and MEDINA and ANDERSON, Circuit Judges.
United States Court of Appeals, Second Circuit.
FRIENDLY, Chief Judge:
On July 15, 1971, the Federal Trade Commission (FTC) filed a complaint against PepsiCo, Inc. under § 5 of the Federal Trade Commission Act.1 The essential allegation was that PepsiCo had "hindered . . . competition in the distribution and sale of pre-mix and post-mix syrups and soft drink products sold under its trade names by restricting its bottlers from selling outside of a designated geographical area."...
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