U.S. Department
of Justice
Frito-Lay Investigations : 03/05/1996: Memorandum
| This document is available in two formats: this web page (for browsing content), and PDF (comparable to original document formatting). |
Preliminary investigation authority is requested for the following matter:
Issues and Analysis: Frito-Lay, Inc. ("Frito-Lay") is by far the nation's largest producer of salted snack foods, a market of more than $15 billion annually. Frito-Lay had sales of $5 billion in 1994, giving it a [REDACTED TEXT (b)(5)] of that market. Frito-Lay is the only manufacturer of salted snack foods that distributes on a national, regional and local level. While there are numerous regional manufacturers, none has a national [REDACTED TEXT ] No other national manufacturer remains. Borden exited the market several years ago, and Eagle, as mentioned below, is in the process of exiting. We have received complaints from [REDACTED TEXT (b7D)] alleging that Frito-Lay is inducing retailers of salted snack foods to enter into exclusive arrangements for the purpose, and with the effect, of excluding competitors. According to [REDACTED TEXT (b7D)] Frito-Lay uses various tools to effect its exclusionary goal, including shelf space incentives, rebates and promotional programs that persuade the retailer to drop competitors' products or to refuse to carry them. [REDACTED TEXT (b7D)] [REDACTED TEXT (b7D)] Past Investigations: Proposed Acquisition of Certain Assets of Eagle Snacks. Inc. By Frito-Lay
1. DOJ File Number: 2. Individual Completing Form: Nina Hale 3. Matter Type: PI Preliminary Investigation 4. Title: 5. File Information: 6. SIC Code(s): List Primary Code First 7. Is this a Special Project involving legislation or legislative proposals? No 8. Investigated Parties Name 9. Staff Assigned: SSN and Last Name 10. Sections: 11. Geographic Description: 12. Aggregate Annual Dollar Volume of Commerce of Defendants - Year 1994:
1118 S2 - Monopolization 14. Additional Information: CONFLICT OF INTEREST CERTIFICATION Frito Lay - Snack Food Investigation 60-2096-0002 I, Jill Ptacek , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter . I further certify that this matter will not affect the financial interests of any member of my household. Also, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter.
CONFLICT OF INTEREST CERTIFICATION Frito Lay I, Nina Hale , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter . I further certify that this matter will not affect the financial interests of any member of my household. Also, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter.
CONFLICT OF INTEREST CERTIFICATION Frito Lay, 60-2096-0002 I, Nina Hale , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter . I further certify that this matter will not affect the financial interests of any member of my household. Also, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter.
|
