[net.legal] No Coke, Pepsi

wmartin@brl-tgr.ARPA (Will Martin ) (05/01/85)

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

hsu@cvl.UUCP (Dave Hsu) (05/02/85)

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

Strangely enough, the converse is not the case...I have eaten in restaurants
which serve Sprite (my friend asked for 7-Up) and Pepsi (I always ask for
Coke).  Also...just how much of the Pizza Hut chain is owned by Pepsico?  Our
local one was a bit on the schizophrenic side last summer...after years of
Pepsi, it somehow ended up serving Coke at least on one occasion (gosh, and
only the time is remembered to ask for a Pepsi.  Whaddya mean 'Is Coke OK?')

At least they ask you first at a Pizza Hut.

-dave

David Hsu; Computer Vision Laboratory, University of Maryland

ron@brl-tgr.ARPA (Ron Natalie <ron>) (05/02/85)

> > Regarding Coke vs. Pepsi, legality of serving Pepsi when "Coke" is
> > requested, etc.:
> > 
> > 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...
> > 
> > Will Martin
> > 
> 
> Strangely enough, the converse is not the case...I have eaten in restaurants
> which serve Sprite (my friend asked for 7-Up) and Pepsi (I always ask for
> Coke).

Burger King for a long time had Coke and 7-up.  Wendy's doesn't serve
any clear and sweet soda at all around here.
-Ron

hollombe@ttidcc.UUCP (The Polymath) (05/02/85)

In article <10331@brl-tgr.ARPA> wmartin@brl-bmd.UUCP writes:
>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?
>
>Anybody have some experience with this and can fill in the details?

Once upon a time, many years ago, I  worked  for  a  coffee  house  in  Los
Angeles.  The  place  is  long since defunct (~sigh~) so I guess it's ok to
reveal the following.

Behind the bar there they had a soft drink dispenser that had been  _given_
to  them  by  the Coca-Cola folks so they could sell their brands.  Much of
the time I worked there they were no longer purchasing the raw  cola  syrup
from  Coca-cola,  or from any of the major brand suppliers.  They used some
cheap, off-brand variety that didn't even have a name  on  the  bottles  it
came in.  Coke never did come and demand their machine back.  It still said
"Coca-cola" on the front of it, and no one ever complained that I know of.

The machine also dispensed two other flavors (Fresca (ick!) and,  I  think,
someone's  version of lemon-lime or root-beer) plus carbonated water.  Once
I even filled one of the syrup tanks with burbon  for  a  private  party  I
threw there (ah, youth (-: ).

I'm sure the Statute of Limitations has long  since  run  out  on  all  the
above.  Eat your heart out, Coke.
-- 
-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-
The Polymath (aka: Jerry Hollombe)
Citicorp TTI
3100 Ocean Park Blvd.
Santa Monica, CA  90405
(213) 450-9111, ext. 2483
{philabs,randvax,trwrb,vortex}!ttidca!ttidcc!hollombe

ix21@sdcc6.UUCP (David Whiteman) (05/07/85)

Before Coca-Cola released Diet Coke most of the Carl's Jr. locations
offerred Coca-Cola and get this Diet Pepsi.  I never understood why
they mixed brands like that.  Also many of the AM/PM fountains have
both the Coca-Cola and Pepsi drinks dispensed by fountain.


-- 
----
David Whiteman,
University of California, San Diego