PepsiCo Refiles Hart-Scott-Rodino Premerger Notification


URCHASE, N.Y., Feb. 17 /PRNewswire-FirstCall/ — PepsiCo (NYSE: PEP) today announced in connection with its proposed acquisitions of The Pepsi Bottling Group (NYSE: PBG) and PepsiAmericas, Inc. (NYSE: PAS) that it signed a consent decree proposed by the Staff of the Federal Trade Commission (FTC) providing for the maintenance of the confidentiality of certain information it will obtain from Dr. Pepper Snapple Group, Inc. (DPS) in connection with the manufacture and distribution of certain DPS products after the acquisitions are completed. That consent decree is subject to review and approval by the Commissioners of the FTC. As a result of the foregoing, PepsiCo today refiled its notification report under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) with respect to the acquisitions and has requested early termination of the waiting period.

On August 4, 2009, PepsiCo announced it had entered into definitive merger agreements with PBG and PAS in order to fully integrate PepsiCo’s beverage business. These transactions are intended to create a more flexible, efficient and competitive system that can drive growth across the full range of PepsiCo beverage brands.

PepsiCo hopes to close the acquisitions, which remain subject to regulatory approvals (including the expiration or termination of the waiting period under the HSR Act) and the satisfaction of other customary closing conditions, by the end of February 2010. Earlier today, the shareholders of each of PAS and PBG approved the adoption of the merger agreements.

About PepsiCo

PepsiCo offers the world’s largest portfolio of billion-dollar food and beverage brands, including 18 different product lines that each generate more than $1 billion in annual retail sales. Our main businesses – Frito-Lay, Quaker, Pepsi-Cola, Tropicana and Gatorade – also make hundreds of other nourishing, tasty foods and drinks that bring joy to our consumers in over 200 countries. With more than $43 billion in 2009 revenues, PepsiCo employs approximately 203,000 people who are united by our unique commitment to sustainable growth, called Performance with Purpose. By dedicating ourselves to offering a broad array of choices for healthy, convenient and fun nourishment, reducing our environmental impact, and fostering a diverse and inclusive workplace culture, PepsiCo balances strong financial returns with giving back to our communities worldwide. For more information, please visit