Costco Siphoned Rivals' 5-Hour Energy Business, Jury Told

Law360, Los Angeles (October 7, 2019, 11:09 PM EDT) -- Wholesalers told a California federal jury Monday that they’ve been steadily losing sales of 5-Hour Energy drinks as their customers turn to Costco for a cheaper product, in an antitrust case alleging the maker of the tiny energy "shots" has been offering the wholesale giant illegal favorable pricing.

In a lawsuit filed in February 2018, U.S. Wholesale Outlet & Distribution Inc. alleged that Living Essentials LLC for years has given Costco a discount on the list price it charges California wholesalers for its 5-Hour Energy drink. Trepco Imports & Distribution Ltd., Eashou Inc., Sanoor Inc., YnY International Inc., California Wholesale and L.A....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS