Freeman Lewis LLP Announces Court Reinstates CEPSA's US$300 Million Plus Lawsuit Against Pepsi.

NEW YORK -- Freeman Lewis LLP today announced that a lawsuit seeking more than $300 million filed by former Peruvian bottler, Compania Embotelladora del Pacifico SA (CEPSA), against Pepsi Cola Company was reinstated by the U.S. Court of Appeals for the Second Circuit. The appellate court overturned the former dismissal of the case by U.S. Southern District Court Judge Richard Owen.

"We are pleased that, after nearly eight years, the appeals court is finally providing us with our day in court," said CEPSA attorney Robert Y. Lewis of Freeman Lewis LLP.

Pepsi is accused of breaching CEPSA's longstanding contract which provided exclusive rights to bottle soft drinks in various areas of Peru.

CEPSA has alleged that, after recognizing CEPSA as one of its best bottlers and enshrining CEPSA in the Pepsi Hall of Fame, Pepsi concocted a pretext to terminate the exclusive bottling agreement. CEPSA has alleged that Pepsi encouraged CEPSA rivals to sell soft drinks at a lower price than CEPSA in the exclusive territory in violation of the contract, required CEPSA to engage in ill-advised, costly marketing strategies, and otherwise intentionally injured CEPSA's bottling activities.

CEPSA believes that, in a desperate effort to avoid prosecution of this case, Pepsi has used numerous improper tactics, both in the U.S. and Peru, to stop the litigation. In the decision today, the Second Circuit has rejected these tactics, directing that CEPSA's case go forward on the merits against Pepsi.

CEPSA alleges that Pepsi's termination of CEPSA's contract was one of numerous wrongful actions by Pepsi to destroy longstanding bottling agreements around the world.