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COMPANIA EMBOTELLADORA DEL PACIFICO v. PEPSI COLA

Docket No. 11-5458 August Term, 2019.

976 F.3d 239 (2020)

COMPANIA EMBOTELLADORA DEL PACIFICO, S.A., Plaintiff-Counter-Defendant-Appellant, v. PEPSI COLA COMPANY, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 29, 2020.

Attorney(s) appearing for the Case

Peter D. St. Phillip, Jr. ( Margaret C. MacLean , on the brief), Lowey Dannenberg, P.C., White Plains, NY, for Plaintiff-Counter-Defendant-Appellant.

Louis M. Solomon ( Michael S. Lazaroff , on the brief), Reed Smith LLP, New York, NY, for Defendant-Counter-Claimant-Appellee.

Marcia V. Andrew , Taft Stettinius & Hollister LLP, for Amici Curiae Pepsi-Cola Bottlers' Association.

Hugh Q. Gottschalk , ( Webster C. Cash III , on the brief) Wheeler Trigg O'Donnell LLP, for Amici Curiae Independent Bottlers Association.

Before: Jacobs, Sack, and Hall, Circuit Judges.

At issue in this case is an "Exclusive Bottler Appointment" contract between Pepsi Cola Company, a Delaware corporation ("PepsiCo"),1 and one of its bottlers in Peru, Compania Embotelladora Del Pacifico, S.A. ("CEPSA"). Under the contract, PepsiCo granted CEPSA exclusive rights to bottle the beverage...

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