Common Contracts

AGREEMENT CONTAINING CONSENT ORDER

February 26th, 2010

• Filed
  February 26th, 2010

The Federal Trade Commission (“Commission”), having initiated an investigation of the proposed acquisition by Proposed Respondent PepsiCo, Inc. (“PepsiCo”) of carbonated soft drink bottlers Pepsi Bottling Group, Inc., (“PBG”) and PepsiAmericas, Inc., (“PAS”), and the subsequent proposed acquisition and associated agreements for PepsiCo to acquire rights to produce, distribute, market, and sell some of the carbonated soft drink brands of Dr Pepper Snapple Group, Inc., (“DPSG”) that had been distributed by PBG and PAS, and it now appearing that Proposed Respondent is willing to enter into this Agreement Containing Consent Order (“Consent Agreement”) to cease and desist from certain acts and practices and providing for other relief;