Keurig Dr Pepper and BodyArmor have settled a 2019 lawsuit in which KDP claimed BodyArmor wrongfully terminated a 10-year distribution agreement to move to the Coca-Cola system. KDP and Coca-Cola, which acquired BodyArmor last year, confirmed the settlement in Delaware Superior Court, which was entered into a public docket on Jan. 18. The terms are confidential, a KDP spokeswoman said. KDP and Coca-Cola each declined further comment. In a summary judgement opinion made public on Dec. 22, a judge ruled that then BodyArmor owner BA Sports Nutrition did not have a right to terminate with cause a 2015 distribution agreement with Dr Pepper Snapple and its corporate entity American Bottling Company. The termination followed the 2018 merger of Dr Pepper Snapple and Keurig Green Mountain to form KDP. “ABC is entitled to summary judgement that BodyArmor breached the distribution agreement,” the Delaware judge ruled, agreeing with ABC’s argument that the merger did not constitute a change in control under the agreement. In its lawsuit, ABC claimed that BodyArmor’s termination cost ABC and its owners, including JAB Holding, “hundreds of millions of dollars.” In the December ruling, the judge said the question of damages would need to be decided at trial. The settlement followed that ruling.
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