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From: wmartin@brl-tgr.ARPA (Will Martin )
Newsgroups: net.flame,net.legal
Subject: Re: No Coke, Pepsi
Message-ID: <10331@brl-tgr.ARPA>
Date: Wed, 1-May-85 15:42:11 EDT
Article-I.D.: brl-tgr.10331
Posted: Wed May  1 15:42:11 1985
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Xref: watmath net.flame:9666 net.legal:1640

Regarding Coke vs. Pepsi, legality of serving Pepsi when "Coke" is
requested, etc.:

I suppose that each store or restaurant or bar (or whatever) that serves
fountain soft drinks (those made on-premises from carbonated water and
soda syrup) has a contract with the local vendor that supplies them. Is it 
inevitable and universal that such contracts have clauses which prohibit
the retailer from also contracting with the competition? That is, if you
have a diner, and contract with Coca-Cola for their line of sodas, you
are legally kept from also contracting with Pepsi-Cola to have THEIR line
in addition?

I don't think I've ever been anywhere, except for places selling bottled
soda, where you could choose Coca-Cola OR Pepsi-Cola (and even most places
selling bottled or canned soda have only one type, if they sell for on-premises
consumption).

Has this situation, if it really is this way, ever been challenged as
some sort of "restraint of trade"?

Notice that this would be the reason that you can never find both 
Coca-Cola and 7-Up at the same place; if they get Coca-Cola, they 
also have to get Sprite, which is Coca-Cola's version of that type of 
citrus soda. Since I like 7-Up, I am irked by this, since it is hard
to find as fountain soda, because Coke is so popular and that forces
the omnipresence of Sprite, which I dislike...

Anybody have some experience with this and can fill in the details?

Will Martin

USENET: seismo!brl-bmd!wmartin     or   ARPA/MILNET: wmartin@almsa-1.ARPA