The claims mirror those filed previously against parent Coca-Cola Co. That case is still pending. According to the new complaint filed in Atlanta: "By concealing CCE's rampant channel stuffing activity, defendants failed to disclose the existence of known trends, events or uncertainties that they reasonably expected would have a material, unfavourable impact on net revenues or income."To add to the misery in Atlanta, a group of fifty independent bottlers have filed suit against Coke's plans to sell Powerade direct to Wal-Mart.
Coke bottlers fear the move would violate their territory exclusivity and make it easier for the company to move to warehouse distribution with other products. They also contend they’ve had a contract with Coke since 1994 that prohibits warehouse delivery of Powerade to retailers.Classic channel conflict.
Update Thursday: Here's a more detailed report from Coke's hometown paper, The Atlanta Journal.
Morgan Stanley analyst Bill Pecoriello said the rift is broader than just PowerAde and Wal-Mart.
"While the PowerAde test with Wal-Mart is small, the bottlers worry that other retailers will be next and other product categories will follow, threatening their future relevance," Pecoriello said in a report. "Coke might have to resolve this issue through additional compensation to the bottlers or other structural changes."
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