BretLandrith.com
Missouri’s Attorney General Chris Koster declined to seek an injunction against the ongoing Antitrust conduct of Missouri licensed beer distributors and members of the Missouri Beer Wholesalers Association violating RSMo. 416.011 et seq. of the Missouri Antitrust Law. However, the week after Attorney General Koster declined, the US Department of Justice obtained a Consent Decree against AB InBev and Molson Coors to restrain the same conduct I described being committed in the State of Missouri.
The Department of Justice announced that it has agreed to a settlement with Anheuser-Busch InBev (ABI) that will permit ABI to proceed with its acquisition of SABMiller. The settlement requires ABI to divest SABMiller’s entire U.S. business – including SABMiller’s ownership interest in MillerCoors, the right to brew and sell certain SABMiller beers in the United States and the worldwide Miller beer brand rights. This settlement will prevent any increase in concentration in the U.S. beer industry.
The settlement also prohibits ABI from instituting or continuing practices and programs that limit the ability and incentives of independent beer distributors to sell and promote the beers of ABI’s rivals, including high-end craft and import beers. Moreover, the settlement precludes ABI from acquiring beer distributors or brewers – including non-HSR reportable craft brewer acquisitions – without allowing for department review of the acquisition’s likely competitive effects.
Full DOJ announcement: justice.gov press release
The Honorable Chris Koster
May 17, 2016
Attorney General
Missouri Attorney General’s Office
P.O. Box 899
Jefferson City, MO 65102
Dear Attorney General Chris Koster,
I am writing to follow up on my April 13, 2016 letter to you regarding the ongoing conduct of Missouri licensed beer distributors and the beer suppliers AB InBev and Molson Coors to criminally violate RSMo. 416.011 et seq. of the Missouri Antitrust Law. Despite the seriousness of the violations documented in that letter, my Missouri Corporation has not received a response from your office. Even while members of the Missouri Beer Wholesalers Association and other distributors have escalated their unlawful monopolization acts to keep low cost beers including KC Lite™ out of the Missouri market.
On January 16, 2016 Heart of America’s CEO Lance Forsee unilaterally canceled the contract to distribute kegged craft beer produced by the Missouri corporation Belleville Brewing Company, LLC in retaliation the day after the Belleville owners stated in a KSN Joplin television interview at the brewery that they would be brewing KC Lite™ beer in kegs. Heart of America’s CEO Forsee knew this unlawful monopolization act would cut off Belleville Brewing Company, LLC from the Missouri market entirely and would likely cause great financial harm to the brewer by preventing the perishable beer from being able to reach any consumers.
In committing this monopolization action Heart of America’s CEO Lance Forsee was enforcing the AB InBev and Molson Coors express agreements to restrain trade in the marketing of beer described in detail in Kansas City Breweries Company’s April 13, 2016 letter to your office that include kneecapping and throttling new entrants to the markets for beer.
Carlos Brito’s AB InBev Missouri distributors have adopted anticompetitive tactics of interfering with KCB Distributing’s delivery of KC Lite™ beer to Missouri liquor stores and bars. In April, members of the Missouri Beer Wholesalers Association, which are AB InBev and Molson Coors distributors, including Central States Beverage Co, hassled KCB Distributing drivers and salesmen, even calling them with false threats that the use of the word “Lite” was controlled by Molson Coors and telling Missouri retailers that KC Lite™ beer was not a lawful product or a registered and licensed brand in Missouri. In April and May, other Missouri Beer Wholesalers Association members took it upon themselves to discourage retailers from selling KC Lite™ beer with threats of decreasing access of non-cooperating retailers to AB InBev and Molson Coors if they continued to feature KC Lite™ beer. Other distributors caused KC Lite™ beer to be moved to hidden locations in stores or taken off the shelves to prevent customers from choosing KC Lite™ beer over the monopoly inflated prices of Bud Light and Miller Lite.
I renew Kansas City Breweries Company’s request that you use your agency’s revolving Antitrust enforcement funding to obtain an immediate injunction against the licensed Missouri distributors Glazer’s, North Kansas City Beverage Co., Central States Beverage Company, and Fechtel Beverage & Sales from participating in any unlawful agreements restraining trade including group boycotting and price fixing through refusal to deal by AB InBev and Molson Coors in Carlos Brito and Peter Swinburn’s felony monopolization scheme.
Very Truly Yours,
Bret D. Landrith
President
Kansas City Breweries Company
Bret D. Landrith
bret@bretlandrith.com
Chief Governance Officer — Medical Supply Chain (2/2002 to Current)
Work directly with the CEO and President on evaluations and development of joint venture partnerships. Prepare protocols for investor relations, resolve tax issues, and maintain corporate books and intellectual property. Manage all legislative communications, lobbying and testimony, oversee aspects of transaction contracting, and constant development of Medical Supply Line supplier relationships. Also oversee print, new media broadcast interviews, dynamic pod/webcasts, prepare marketing materials including digital and concurrent media releases.
Malpractice Paralegal — Cheryl Stewart, Esq. (4/2001 – 5/2002)
Authored motions, orders, and subpoenas for discovery from defendants, experts, malpractice insurance carriers, state reinsurance fund, state licensing board and hospitals. Also assisted in depositions, and conducted client and witness interviews.
Paralegal — Dennis Hawver, Esq. (01/2000 to 04/2001)
Authored pleadings and memorandums on civil rights and employment cases.
Washburn School of Law, Topeka, KS — Juris Doctorate, 2001
Pittsburg State University, Pittsburg, KS — Bachelor of Arts in History, 1998
Mandarin Chinese (working knowledge) • German (working knowledge)