Food and Beverages

Mitrani Caballero & Ruiz Moreno is the firm of choice for many of the large industrial and export companies in Argentina’s Food & Beverage sector.

Our advice includes comprehensive transactional work in mergers & acquisitions, financings, competition, real estate, labor and intellectual property, as well as advising on all applicable regulatory matters, including labeling and compliance with laws and official regulations.

In this field, the Firm has developed unique expertise as the sector has gone through rapid transformations; providing legal advice always considering the latest trends and innovations in the industry.

The Firm has become the counsel of choice, locally and/or internationally, for Fratelli Branca, Cepas Group, Molinos Rio de la Plata, Grupo Casino, Avex, Granja Tres Arroyos, CCU group, Premium Brands Holdings Corp, Alimentos Calchaquí, Pepsico, Red Bull, Parmalat, Lactalis and Ball Corporation, which are among the largest worldwide companies in this sector.

Partners of the Firm have played a key role in the food & beverage sector over the last decades, including their advised to the Perez Companc family in the successful acquisition of Molinos Río de la Plata S.A. (“Molinos”) from Bunge Limited (“Bunge”) in 1999. Molinos is one of the largest food companies in Argentina, playing a leading role in the retail business where it leads most of the food categories (edible oil, flour, pasta, frozen food, etc) and our firm regularly assists Molinos in all legal aspects of its local operations and new projects, its relations with clients, distributors and agents and providing corporate, tax and regulatory advice (including stock exchange regulations). We also provide assistance on competition and antitrust matters, covering advice on specific commercial agreements and analysis of recently enacted antitrust and trade regulations (e.g., resolution on maximum sales prices; and National Retail Competition Program Law (Ley de Góndolas) and related regulations).

Our Firm also regularly assists Bunge Argentina S.A. and Fratelli Branca Destilerías S.A.in all legal aspects of its local operations and new projects in the sector, its relation with clients, distributors and agents.

In addition, our Firm assists many of the most important players in the sector in a variety of the legal aspects of their local operations and new projects (including mergers & acquisition, relations with clients, distributors and agents, permits, public law and regulations, general corporate, tax, IP, etc.) such as, among others, Cepas Group, Grupo Casino, Avex, Granja Tres Arroyos, CCU group, Premium Brands Holdings Corp, Alimentos Calchaquí, Pepsico, Red Bull, Parmalat, Lactalis and Ball Corporation.

Transactions in the Food and Beverage Sector

As an example of the transactions and matters as regards of which the Firm regularly provides its assistance to company in the sector we can include, among others:

• The Firm represented Argentine investor (BOGS)’s in complex trademark infringement cases concerning Menoyo’s iconic vinegar bottle.

• We handle Little Caesar, Enterprises LTD’s (well-known global pizza chain) trademarks portfolio in Argentina, Colombia and Cuba.

• We represented Ball Corporation’s in the sale of its business in Argentina to Envases del Plata S.A.

• We advised and represented Alimentos Modernos S.A. against Hinniken S.A. in certain relevant commercial claims.

• We have provided trademark-related assistance to the renowned dairy products manufacturer, Lactalis.

• Following BRF’s sale of its participation in Avex to Granja Tres Arroyos and Grupo Beltran, we acted as counsel to (i) Fribel in connection with the carve-out of Avex’s margarine business and the subsequent sale of Fribel’s minority stake in Avex to Granja Tres Arroyos, and (ii) Granja Tres Arroyos in the acquisition of exclusive control over Avex (and the poultry industry).

• Partners of our Firm acted as counsels in the sale of Grupo Casino of its Argentine and Brazilian supermarket chains to Colombian subsidiary Éxito.

• We handle all new trademark filings, renewals, and oppositions on behalf of the famous Italian company Parmalat, one of the world’s leader in the field of dairy products.

• The Firm advised Premium Brands Holdings Corp and a coalition of Mi’kmaq First Nations in the acquisition of Clearwater Seafoods, a Halifax, Nova Scotia-based seafood business.

• The Firm advised Molinos Río de la Plata S.A. in a reorganization process involving the merger by absorption with its wholly-owned subsidiary, Bodega Ruca Malen S.A.U.

• We designed a strategy to assist and represent CCU Group (one of the main players in the brewing business in Latin America and which also participates in the soft drinks, mineral and bottled waters, nectars, wines, and pisco businesses, among others) in several administrative and judicial proceedings, regarding the application of a duty or tax on marketing and advertisement activities.

• Partners of the Firm assisted Oceano Sea Food Group in the sale of Nacural S.A., member of and controlling entity of Bentónicos de Argentina S.A., a relevant player in the seafood business in the south of Argentina.

• The Firm acted as counsel in the sale of 100% of the shares of Alimentos Modernos S.A. from Farm Frites Beheer B.V.’s to a private investor.

• We handle Otro Mundo Brewing Company’s trademark portfolio in Argentina and other countries around the world, where the company exports their beer which was awarded by its quality.

• The Firm assisted BOGS S.A. in the acquisition of Alimentos Calchaqui’s going concern from Campo Austral, including the two leading brands in the cold cut business “Bocatti” and “Calchaqui”, and a production plant in the Province of Buenos Aires.

• We represented three retail companies in the framework of one of the major investigations carried out by the antitrust authority regarding the food, beverages, and cleaning products industries, which included issuing 200 information requests and conducting 40 hearings with the managers of the main companies that are players in such markets.

• We provided trademark- related support to Five Guys Holdings, Inc. with the registration in Argentina of their house-mark “FIVE GUYS” which is being used since the 80’s to designate their well-known restaurants in several countries.

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