Prepared Foods logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Prepared Foods logo
  • TRENDS
    • Prepared Foods The Year Ahead
    • Innovation Month
    • *Sustainability*
  • PRODUCTS
    • Bakery
    • Beverages
    • Breakfast, Cereals & Bars
    • Candy
    • Cannabis
    • Dairy
    • Meals & Sides
    • Meat, Poultry & Seafood
    • Sauces & Marinades
    • Snacks & Appetizers
    • Soups
  • INGREDIENTS
    • Antioxidants & Nutritionals
    • Colorings
    • Dietary Fiber
    • Emulsifiers, Fat & Oils
    • Flavors, Seasonings, Spices
    • Flours, Grains, & Pasta
    • Fruits, Vegetables and Nuts
    • Gums & Starches
    • Phosphates & Acidulants
    • *Proteins*
    • Sweeteners
  • FORMULATION
    • Allergens & Intolerance
    • Authentic & Ethnic
    • Cost Reduction
    • Fat Reduction
    • Gluten Free
    • *Immunity*
    • *Natural / Organic*
    • *Plant Based & Vegetarian*
    • R&D Lab Tech / QA-QC / Food Safety
    • Shelf Stability
    • *Sugar Reduction*
  • BETTER FOR YOU
    • Functional New Products
    • Functional Ingredients
    • Functional Benefits
  • FOOD MASTER
  • MEDIA
    • Podcasts
    • Videos
    • Infographics
    • First Person Q&A
    • Favorite Products Poll
    • Play With Your Food Game
    • Webinars
  • STORE
  • EVENTS
    • Spirit of Innovation Awards
    • Industry Events
  • EMAG
    • eMagazine
    • Archive Issues
    • Advertise
  • SIGN UP!
Breaking NewsBeverages

Suit to Avoid Anheuser-Busch InBev, Grupo Modelo Merger

February 4, 2013
February 1/Washington/Wall Street Journal -- The U.S. government sued to block the world's biggest beer maker from spending $20 billion to get even bigger, the latest deal to fall prey to global antitrust regulators.

The surprise lawsuit seeks to block Bud Light maker Anheuser-Busch InBev NV's deal with the Mexican company that owns the Corona brand, and comes just a day after concession talks with the government broke down.

U.S. authorities said they want to prevent any overcharging by the global giants that dominate mass-market brews.

Defenders of the companies said U.S. consumers have plenty of choice. Belgium-based AB InBev said the government's action was "inconsistent with the law, the facts and the reality of the marketplace."

Beer specialists were divided on whether the merger could survive, with some speculating that AB InBev could relinquish further control over Corona sales in the U.S. to assuage concerns about pricing dominance.

The U.S. beer industry is largely controlled by two big players: AB InBev, owner of Bud Light and Budweiser, and MillerCoors, maker of the Coors Light brand. Modelo, whose Corona is the best-selling imported beer in the U.S., runs a distant third, with 7% of U.S. beer sales, according to the Justice Department. Together, AB InBev and Modelo would control about 46% of U.S. sales.

The Justice Department's 27-page lawsuit, filed in a Washington, D.C., federal court, portrayed Modelo as an important competitor that puts pressure on AB InBev to maintain or lower prices, especially in California, New York, Texas and some other markets. AB InBev has complained in internal strategy documents about pressure from Modelo's pricing tactics, the department said.

The department said that when AB InBev raises beer prices, MillerCoors usually follows followed suit, while Modelo has been resistant. AB InBev internal documents "show that it is increasingly worried about the threat of high-end brands, such as Modelo's, constraining its ability to increase…pricing," the lawsuit said.

The lawsuit sets the stage for a major court fight unless the sides can find a way to resolve their differences. "We intend to vigorously contest the DOJ's action in federal court," AB InBev said. Grupo Modelo issued a comment echoing AB InBev.

Should the acquisition agreement fall apart as a result of the antitrust challenge, AB InBev may have to pay Modelo a $650 million breakup fee, according to the agreement struck in June.

Some industry watchers scoffed at the U.S. government's logic, saying supermarket shoppers and bar hoppers can choose from a wide variety of beers. "Are you going to tell me because they increase the price of Corona there aren't other beers you can buy as a substitute?" said Jeffrey Golman, vice chairman of Mesirow Financial and head of investment banking at the Chicago bank. "It seems like an overreach."

However, Stephen Axinn, an antitrust lawyer with Axinn Veltrop & Harkrider LLP, said the government made a strong initial showing.

"The fact is you may have 50 different brands of beer on the shelf, but they're only coming from a few sources," Axinn said. He said that for AB InBev to win the case, it would have to demonstrate that the deal isn't likely to give it enhanced pricing power. Given the internal company documents cited by the Justice Department, "that might be a difficult thing to do," he said.

AB InBev made the deal for Grupo Modelo last summer, hoping to augment its position in the fast-growing Mexican market while expanding the reach of Modelo brands globally. AB InBev already owns a 50% economic stake in Modelo but controls fewer than half of the voting shares. It proposed to get full control by buying the rest of Modelo from the Mexican families that control it.

The companies had hopes for approvals because the Justice Department gave its blessing to two large beer deals in 2008. It allowed the combinations of Anheuser-Busch and InBev, maker of Stella Artois and Beck's, after finding the two companies engaged in little head-to-head competition in the U.S. The department also cleared a joint venture that combined the U.S. operations of SABMiller and Molson Coors Brewing Co.

KEYWORDS: acquisitions Beer lawsuit

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • Women in beverge isle

    Ingredient Demonization May Not Drive Consumer Behavior

    While tracking cultural conversations around demonized...
    Ingredients
    By: Prepared Foods Editorial Staff
  • Bubs Candy Packages

    Sweden’s Viral Candy Brand BUBS Lands in US Retail Nationwide

    TikTok videos of BUB's unique chewy-meets-marshmallow...
    Product of the Day
    By: Prepared Foods Editorial Staff
  • Innovation Month Logo Orange

    Introducing Innovation Month: A Deep Dive into the Future of Food & Beverage

    The next wave of food innovation is here. Dive into the...
    Innovation Month
    By: Prepared Foods Editorial Staff
Manage My Account
  • eMagazine Subscription
  • Newsletters
  • Manage My Preferences
  • Online Registration
  • Subscription Customer Service

More Videos

Popular Stories

General Mills US250 Packages

General Mills Launches 79 Limited-Edition Summer Products

Circana Pacesetters 2026

Circana Highlights 2025 CPG Pacesetters

Bushs Baked Beans LTO Flavors

Bush’s Beans Debuts Summer-Inspired Flavors

PF Webinar sponsored by FoodChain: Signals to Shelf: Turning Consumer Insight into Executable Innovation

Events

June 18, 2025

Master the Art of Plant-Based Dairy

ON DEMAND: Whether you're in R&D, formulation, or innovation, this session will provide enzyme-driven insights to improve your plant-based dairy portfolio.

June 25, 2025

Market in Motion: Active Nutrition

ON DEMAND: Once targeted at athletes, active nutrition products with benefits like energy, focus, hydration, and protein are now winning over everyday consumers seeking support for their busy lifestyles.

View All Submit An Event

Products

Recent Advances in Ready-to-Eat Food Technology

Recent Advances in Ready-to-Eat Food Technology

See More Products

CHECK OUT OUR NEW POWER TRENDS

Immunity Logo
Natural & Organic Logo
Plant Based Logo
Protein Logo
Sugar Reduction Logo Sustainability Logo

Related Articles

  • Anheuser-Busch InBev Investing in Dominican Brewery

    See More
  • Anheuser-Busch InBev Proposes Combination with SABMiller

    See More
  • Anheuser-Busch Finally Accepts InBev Offer

    See More

Related Products

See More Products
  • An Integrated Approach to New Food Product Development

  • Thermal Processing of Ready-to-Eat Meat Products

  • download.jpg

    Recent Advances in Ready-to-Eat Food Technology

See More Products
×

Unlock the Future of Food and Beverage Innovation

Are you a leader in research & development? Stay ahead of the curve with Prepared Foods, the premier source of information and insights for today's trend leaders and taste-makers in food and beverage manufacturing.

JOIN TODAY
  • Resources
    • Advertise
    • Contact Us
    • Food Master
    • Store
    • Join
  • Sign Up Today
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • Services
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • Stay Connected
    • LinkedIn
    • Facebook
    • Instagram
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing