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Valparaiso Univ. Law School

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Wednesday, November 13, 2013

A Bitter Cup

Starbucks lost an arbitration fight with Kraft Foods and is being fined nearly $2.8 billion.  Yes, you read that right - that's billion with a B.  At the center of a dispute was a 1998 contract that required Kraft to distribute and market Starbucks brand coffee to U.S. retailers.  The agreement was supposed to terminate in 2014 but Starbucks didn't want to wait that long.  It complained that Kraft wasn't doing a good job promoting its coffee and offered Kraft $750 million to terminate the contract.  Kraft rejected but Starbucks ended it in 2011 anyway (and entered into a deal with Green Mountain Coffee Roasters) which led Kraft to commence arbitration proceedings. 

Another reminder to think carefully about those long durations in contracts - you can never predict how things will go and it's a good idea to really think about those termination provisions.

 

[Nancy Kim]

http://lawprofessors.typepad.com/contractsprof_blog/2013/11/a-bitter-cup.html

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