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5-Hour Energy Accused Of Giving Costco Unfair Pricing Edge

Law360, Washington (February 8, 2018, 9:31 PM EST) -- A cash-and-carry wholesaler on Thursday hit the maker of 5-Hour Energy drink with an antitrust suit in California federal court, saying the drink maker has offered favorable pricing to Costco for years, harming rival sellers of the product.

Living Essentials LLC for years has given Costco a 10-cent-per bottle discount on the list price it charges California wholesalers for 5-Hour Energy drink, in addition to a variety of discounts, rebates and promotional payments the drink maker offered to Costco but not its competitors, according to a...
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