Legal Opinion

PepsiCo, Inc. v. Coca-Cola Co.

District Court, S.D. New York

Decided September 19, 2000No. 98Civ.3282(LAP)PublishedCited by 12 opinions

1Opinion of the Court

OPINION

PRESEA, District Judge.

In 1986, PepsiCo’s then-President and CEO, Roger Enrico, made the following observation in his book, The Other Guy Blinked: How Pepsi Won The Cola Wars:

By comparison [to the major battles of history], of course, the battles that Pepsi-Cola and Coke fight in the Cola Wars are trivial. There are no final defeats. The ammunition we fire at one another is often damn silly stuff. But for all that, our battles are very real.

Tens of billions of dollars are at stake. And “market share” — the sales performance of a soft drink compared to others in its category. And…

2Cases cited35 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
  5. United States v. Grinnell Corp.Supreme Court of the United States · 1966

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3Cited by12 opinions

  1. Pepsico, Inc. v. The Coca-Cola CompanyCourt of Appeals for the Second Circuit · 2002
  2. Menasha Corp. v. News America Marketing In-Store, Inc.District Court, N.D. Illinois · 2003
  3. Federal Trade Commission v. Staples, Inc.District Court, District of Columbia · 2016
  4. Insignia Systems, Inc. v. News America Marketing In-Store, Inc.District Court, D. Minnesota · 2009
  5. Flash Electronics, Inc. v. Universal Music & Video Distribution Corp.District Court, E.D. New York · 2004

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