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Anheuser Busch Wholesaler Equity Agreement

In addition, both wholesalers and domestic traders have been able to increase their profit margins excessively due to lower handling costs. To support this assertion, the State has demonstrated that some licensed wholesalers[46] and home sellers increased their profits in the years following the 1982 amendments. [47] (Pl.Ex. 25; Tr. 1185-1187, 1482-1486, 1495-1496). While profit margins increased until 1983, government-provided evidence did not show upward margin models after 1983 and have tended to show a decline in margins in recent years. (Tr. 1492-1496, 2384, 2418, 2792). The Government argues that these regular increases in profit margins for wholesalers are due to anti-competitive effects of the 1982 capital agreement and are not due to an increasingly efficient and efficient operation. The mere increase in profits is not contrary to the legislation on cartels and abuse of dominance and, given the highly contentious situation in the beer market, the Court considers that it is unlikely that wholesalers and distributors could have „excessively” increased their margins. In March, Anheuser-Busch halted beer deliveries to its wholesaler in Gainesville, ending 30 years of business with the family of the late New York Yankees king, Roger Maris. Beardslee had been in sole possession for many years and operated Natural Beverage, a wholesaler for Anheuser.   The relationship between Anheuser and all its wholesalers is governed by a written agreement called „Anheuser-Busch, Inc.

Wholesaler Equity Agreement” (the „agreement”).   Beardslee reached the agreement with Anheuser at the end of 1984.   This appeal follows disputes over Anheuser`s termination of Beardslee`s distribution business in 1989. As we have already said, the Court found that A-B`s main objective in implementing the capital agreement was to increase its competitiveness among denmarks by encouraging its wholesalers to distribute more efficiently and efficiently while protecting the quality of its product. The legitimate purpose of a manufacturer is to introduce restrictions in order to improve its position in the Interbrand market. [73] Sylvania, 433-875 U.S. to 55, 97 P. Ct. to 2560; Eiberger, 622 F.2d to 1076. *1145 56.

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