Pepsico, Inc. v. Federal Trade Commission, Pepsi-Cola Bottling Company of Corvallis, Inc., Plaintiff-Intervenor-Appellant v. Federal Trade Commission

(dissenting) :

I respectfully dissent. I do not think we should leave the question of the subject matter jurisdiction of the District Court up in the air. I believe the District Court had subject matter jurisdiction in this case and that in the exercise of that jurisdiction the District Court on a remand should review the action of the Federal Trade Commission and enjoin it from continuing the PepsiCo proceeding unless and until it provides notice of the issues to all the PepsiCo bottlers and affords them a meaningful right to a hearing. I think this is required as a matter of sound judicial…