Manatt Litigation Chair Comments on Anti-Trust Implications
"How Boar's Head Became a Deli Meat Beast"
Advertising Age
August 2, 2012 - Manatt's Chad Hummel, chair of the firm's Litigation Division, spoke to Law360 about whether there are legal ramifications to the sales and distribution strategies employed by deli meat giant Boar's Head.
Law360 reports that Boar's Head has climbed the premium deli meat category through marketing and aggressive sales and distribution tactics. The company often negotiates deals with retailers that in some cases make its meat the only premium brand in the store. Boar's Head's main competitor, Dietz & Watson, publicly objected to this approach when it was booted from a grocery store after the retailer struck a deal with Boar's Head.
Hummel, who has handled anti-trust cases, said that Boar's Head is simply protecting its brand, which is "perfectly legitimate." He added that "an issue might arise if an exclusive arrangement foreclosed on another supplier's ability to compete, but while they may be blocked in a particular store, that doesn't mean they can't sell in other stores or down the street, or in other channels."
Read the article here.