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09/14/2004

Distrib Advocate Advises Against Signing Miller Amendment For Now

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Miller-Coors distribs who sign amendment are “between a rock and a hard place if [they] have an intent to sell,” atty Mike Madigan, long-time advisor to Minn distribs, said at NBWA seminar. “Who are you supposed to negotiate with, Miller or Coors? …. I’m going to be advising my Miller wholesalers … and I know many, many other states are going to be advising their wholesalers … not to sign this agreement until we can sort out these conflicts.” Pointed to similar situation when AB put “primary efforts” into its contract. Miller sent letter to AB-Miller distribs that if they signed, they risked termination. AB sued, but ultimately ironed out conflict with Miller. Similar resolution possible here, Mike thinks, with language along lines of: “In the event…that a provision in another supplier’s agreement conflicts with the language herein, wholesaler shall not be required to act in a manner inconsistent with the obligations of other agreements.”

Publishing Info

  • Year: 2004
  • Volume: 6
  • Issue #: 54
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