In July 2008 Miller Brewing Co. and Coors Brewing Co. formed a joint venture to better compete with the dominant beer manufacturer, Anheuser Busch. The venture was named
"MillerCoors LLC." Under the joint venture Miller Brewing Co. and Coors Brewing Company have a 50 percent voting interest in the entity, and each appoints half of the directors. Moreover, the CEOs of Miller and Coors resolve disputes, and all revenues are distributed directly to Miller and Coors, with cash returned to meet the operating needs of the joint venture. Ohio law requires just cause for the termination of beer distributors but allows a "successor manufacturer" to terminate existing distributorships without proving just cause so long as the predecessor does not exercise control over the successor. In accordance with the "successor manufacturer" exception, MillerCoors LLC notified Ohio wholesale beer distributors that it was terminating their distributorships. The distributorships sought injunctive relief. MillerCoors LLC moved for summary judgment.
Decide. [Beverage Distributors, Inc. v. Miller Brewing Co., 803 F. Supp. 2d 765 (S.D. Ohio)]