A federal judge tossed out a lawsuit Pepsi filed against Coca-cola, saying that there's no fizz to Pepsi's claim that its chief rival monopolised the market for fountain-dispensed soft drinks nationwide.
Judge Loretta A Preska said on Tuesday that she was left with no choice but to dismiss the company's claims because there were insufficient facts to put before the jury.
By this measure, Pepsico's brew falls flat, she wrote
in a 40-page ruling that pleased Atlanta-based Coca-cola co.
But left the Pepsi-Cola co., based in purchase, New York,
disappointed.
“It reaffirms that we are playing by the house rules in
what is a very competitive, yet a very open environment,” said Polly Howes, a spokeswoman for Coca-Cola.
Larry Jabbonsky, a Pepsi spokesman, said that the company had not yet decided whether to appeal.
“We just learned of the court's decision and we obviously
disagree and we intend to reflect on it carefully before
making any decisions about possible next steps,” Jabbonsky said.
The lawsuit filed in US District Court in Manhattan
focused only on fountain-dispensed drinks handled by large foodservice distributors who control deliveries to chains of
restaurants and theaters.
Much of the fountain segment of the $ 58 billion soft
drink market had been dominated for years by Coca-Cola until Pepsi decided in the late 1990s to pursue it more aggressively by distributing fountain syrup through independent foodservice distributors rather than mostly through bottlers.
Bureau Report
