Published: December 23, 2010
Starbucks Comments on District Court Conference with Kraft
SEATTLE - (BUSINESS WIRE) - Starbucks Coffee Company (Nasdaq: SBUX) today met with Kraft in Federal
Court to discuss the timeline and procedure of Kraft's preliminary
injunction motion with the U.S. District Court for the Southern District
of New York. In Starbucks view, the Kraft motion is based on arguments
that are both misleading and entirely lacking in merit. We are further
concerned that Kraft's actions are causing confusion for the retail
customers that sell Starbucks products, creating unnecessary burdens and
obstacles as we work to ensure a seamless transition for our mutual
customers.
During today's hearing, the Court asked both parties to address the core
issue of "irreparable harm" and the overall basis for whether a
preliminary injunction is necessary since this is a matter already
subject to arbitration between the parties. Starbucks reply is due to
the Court on Jan. 6, 2011. Our reply will address why we believe that an
injunction is unnecessary because there is no "irreparable harm" to
Kraft, given that this is fundamentally a commercial dispute that can be
resolved through the arbitration procedures the parties agreed to in
their contract.
As the Court process continues, the parties will proceed with the
arbitration called for under the agreement. The core issue in
arbitration will be Kraft's poor performance and the materiality of that
performance to business results. Importantly, if Starbucks demonstrates
that Kraft did not live up to its obligations under the agreement,
Starbucks would not owe Kraft any remuneration -- the value of the
dissolution of the agreement would be zero.
Through arbitration, Starbucks intends to demonstrate Kraft's
consistent, poor performance and material breaches over a period of
several years. The nature of Kraft's obligations are outlined in the
contract; the contract's language demonstrates clearly that Kraft's
repeated failures to meet its obligations constituted material breaches
and, in that regard, caused clear damage to Starbucks business.
Kraft has previously and publicly acknowledged that Starbucks has the
right to terminate this contract. Given this, Starbucks will vigorously
oppose any action on Kraft's part that seeks to delay this inevitability
through unnecessary legal processes. Even as we pursue this transition,
Starbucks is continuing to supply Kraft with appropriate supplies of our
packaged coffee products so that our customers business does not suffer
due to Kraft's failings and that Starbucks is properly positioned to
take over full control of our brand and business as of March 1, 2011.
The arbitration process will allow Starbucks to demonstrate the flagrant
contradictions between Kraft's private exchanges and its public filings,
which have been exposed in email correspondence as reported by news
media. Specifically, Kraft's own senior executives have acknowledged
Kraft's neglect of the relationship over a long period of time and,
while stating that the damage could be repaired, made no clear attempt
to do so. At the same time, Kraft has claimed that it has grown
Starbucks business when, in fact, any recent gains have been due
directly to Starbucks ongoing innovation in the packaged coffee space
and overall coffee market price increases. This was preceded by several
years in which Starbucks lost market share in the packaged coffee
business due to Kraft's unwillingness or inability to honor the contract
between our companies.
Starbucks looks forward to the opportunity to have our side of the
argument heard fairly and without Kraft's misleading media spin being
applied to the facts of the case.
About Starbucks Corporation
Since 1971, Starbucks Corporation has been committed to ethically
sourcing and roasting the highest quality arabica coffee in the
world. Today, with stores around the globe, the company is the premier
roaster and retailer of specialty coffee in the world. In addition to
its Starbucks retail stores, the company produces a wide range of
branded consumer products globally, including ready-to-drink beverages,
packaged coffees and premium ice creams. The company's brand portfolio
features Starbucks Coffee, Tazo Tea, Seattle's Best Coffee and
Torrefazione Italia Coffee, enabling Starbucks to appeal to a broad
consumer base. For more information, please visit us online at www.starbucks.com.

Media
Starbucks Coffee Company
Alan Hilowitz, 206-318-7100
press@starbucks.com
or
Investors
Starbucks
Coffee Company
JoAnn DeGrande, 206-318-7118
investorrelations@starbucks.com
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