🚀 AI-picked stocks soar in May. PRFT is +55%—in just 16 days! Don’t miss June’s top picks.Unlock full list

Beer drinkers lose U.S. appeal over Anheuser-SABMiller merger

Published 08/08/2018, 20:00
Updated 08/08/2018, 20:21
© Reuters.  Beer drinkers lose U.S. appeal over Anheuser-SABMiller merger
TAP
-
ABI
-
SBMRF
-
THE
-

By Jonathan Stempel

(Reuters) - A federal appeals court on Wednesday rejected an antitrust challenge by 23 beer drinkers to Anheuser-Busch InBev SA's (BR:ABI) $107 billion purchase in 2016 of SABMiller (LON:SAB) Plc, which they claimed would thwart competition and raise prices in the U.S. beer market.

The 9th U.S. Circuit Court of Appeals in Portland, Oregon said SABMiller's agreement with antitrust regulators to divest its U.S. beer business, by selling its stake in the MillerCoors joint venture to Molson Coors Brewing Co (N:TAP), would prevent increased concentration in the industry.

It also rejected as speculative the argument that the merger violated the federal Clayton Act because it gave Molson Coors an incentive to adopt Anheuser's distribution practices, to combat its rival's newly increased size.

That law requires consumers to properly allege that a merger "creates an appreciable danger or a reasonable probability of anticompetitive effects in the relevant market," Circuit Judge Margaret McKeown wrote for a three-judge panel. " (The) consumers' allegations do not belly up to this bar."

Anheuser-Busch InBev's brands include Budweiser and Bud Light, Beck's, Corona, Hoegaarden, Stella Artois, the craft beers Goose Island and Blue Point, and many others.

Joseph Alioto, a lawyer for the plaintiffs, said in an interview he would ask the panel or an 11-judge appeals court panel to revisit the case.

"The court overlooked the elephant in the room: that the 72 percent of the market that was occupied by ABI, SAB and Molson is now occupied by two," Alioto said. "Is the elimination of the second-largest brewer in the world from the U.S. market a lessening of competition? I don't think there is any doubt."

A spokeswoman for Anheuser declined to comment.

Wednesday's decision upheld an October 2016 ruling by U.S. District Judge Ann Aiken in Eugene, Oregon.

The case is DeHoog v Anheuser-Busch InBev SA/NV et al, 9th U.S. Circuit Court of Appeals, No. 16-35912.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.