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Hershey's sticky Cadbury agreement

Posted on September 10, 2009 at 11:07 AM
Filed under: Intellectual property
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cadburycremeegg125x100.jpgIf Kraft Foods Inc. (NYSE:KFT) wins Cadbury plc (NYSE:CBY), it still might face a hole in its U.S. pantry.

Evidently, Cadbury and Hershey Co. (NYSE:HSY) are joined at the hip via a 1988 licensing agreement that could leave Kraft without many of Cadbury's key products, such as its famous Creme Eggs, in the U.S. marketplace, notes Deal Journal. Most Cadbury products are actually made and distributed in the U.S. by Hershey under a 25-year licensing agreement.

Not necessarily a big deal, but if Deal Journal's unnamed sources are correct that the agreement has no change of control clause and has an automatic 10-year renewal, then that could make for a situation as sticky as those gooey eggs for Kraft should it swallow Cadbury -- assuming Hershey continues the agreement. Additionally, Hershey is the only party of the agreement that can refuse to renew it, according to Deal Journal. Sticky indeed. - Matthew Wurtzel



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