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A new class action lawsuit has been filed against PepsiCo and Walmart, alleging a decade-long anti-competitive pricing scheme.

Filed on 15 December in the US District Court for the Southern District of New York, the complaint claims that PepsiCo engaged in discriminatory pricing practices that advantaged Walmart, while artificially inflating prices for rival retailers.

According to the lawsuit, PepsiCo provided preferential wholesale pricing and promotional incentives to Walmart for Pepsi products, allowing the supermarket chain to offer lower prices than other retailers.

Meanwhile, PepsiCo is accused of withholding similar pricing advantages from independent and regional retailers, which, plaintiffs say, stifled price competition and led to higher consumer prices at non-Walmart outlets over a sustained period.

The complaint further alleges that this coordinated pricing approach effectively neutralised retail competition among sellers of Pepsi’s beverage portfolio.

The lawsuit is the latest development following earlier regulatory scrutiny of PepsiCo this year. In May, the Federal Trade Commission (FTC) dropped a related price discrimination case under the Robinson-Patman Act against PepsiCo after initiating action earlier in the year. That prior case alleged unfair pricing practices but was dismissed before trial. PepsiCo denied any wrongdoing. Another separate lawsuit was filed in August by plaintiff Michael Giannasca, also referencing Walmart – though Walmart is not named as a defendant in that case.

This latest class action, brought against the companies by Martin Gelbspan, covers all US consumers who purchased Pepsi soft drinks from non-Walmart retailers since 2015.