United States District Court for the Northern District of Illinois
669 F. Supp. 217 (1987)
The Coca-Cola Company, Inc. (Coca-Cola) (defendant) and PepsiCo, Inc. (Pepsi) (defendant) had 37 and 29 percent shares, respectively, in the carbonated soft-drink market. The companies sold the ingredients of their soft drinks to bottling companies, which mixed and bottled the finished product. The bottlers were generally restricted to specific geographical areas. Coca-Cola merged with two of the bottling companies that bottled its products. Pepsi merged with a bottling company that bottled its products. Dixie O’Neill (plaintiff), a consumer of carbonated soft drinks, brought a putative class action suit against the defendants, alleging a violation of antitrust laws. O’Neill’s complaint highlighted a number of alleged anticompetitive effects of the mergers and claimed that these effects would increase Coca-Cola's and Pepsi's prices, thus injuring consumers. Pepsi and Coca-Cola filed motions to dismiss the claim on the ground of lack of standing.
Rule of Law
Holding and Reasoning (Bua, J.)
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