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Green Mountain Coffee K-Cups

Herb Swanson/Bloomberg
Green Mountain Coffee K-Cups at the company’s visitor center and cafe in Waterbury, Vermont on Feb. 18, 2011.
Green Mountain Coffee K-Cups at the company’s visitor center and cafe in Waterbury, Vermont on Feb. 18, 2011. Photographer: Herb Swanson/Bloomberg
Robert P. Stiller, founder and
chairman of Green Mountain Coffee Roasters Inc. (GMCR), sold $66.3
million of his stock before it plunged the most in four months
on news that Starbucks Corp. (SBUX) had developed a rival to its K-Cup
brewer.
Stiller’s combined sales on Feb. 15 and 24 were his largest
in a single month since at least 2003, when the stock traded
below $2, data compiled by Bloomberg show. He would have
received $13.7 million less had he sold after March 9, when the
shares fell 16 percent on Starbucks’ introduction of a machine
for home-brewing single cups of espresso and coffee, a challenge
to Green Mountain’s Keurig system.
“We recently learned of Starbucks’ planned initiative in
the espresso-based single-cup category,” Green Mountain said in
a March 9 regulatory filing, a day after the machine was
announced. “However, we were not made aware of any additional
capabilities.” Spokesmen for Green Mountain wouldn’t specify
when it learned of the plan.
Green Mountain is struggling to hold market share as it
braces for the September expiration of its main patents on K-
Cups. The plastic pods have dominated single-serve coffee making
in the U.S., with flavors including Gloria Jean’s Butter Toffee
Coffee and Wolfgang Puck’s Jamaica Me Crazy blends. As other
companies prepare their own machines, the Waterbury, Vermont-
based brewer’s stock has almost halved to $53.51 in the six
months through last week.
The shares dropped 2 percent to $52.45 at 4:30 p.m. in New
York, after reaching as high as $54.75 during the session.
Must Abstain
“It’s something that the SEC would want to look at,” said
James D. Cox, a securities law professor at Duke University in
Durham, North Carolina. “If he has inside information, he has
to withdraw from the market.” Florence Harmon, a Securities and
Exchange Commission spokeswoman, declined to comment.
Starbucks informed Green Mountain of its plans before its
announcement, according to Alisa Martinez, a spokeswoman for the
Seattle-based company. She wouldn’t elaborate. Darren Brandt, a
spokesman for Green Mountain, declined to comment on behalf of
the company and Stiller.
Stiller reduced his direct stake last month by 6.9 percent,
selling a total of 1 million shares, according to regulatory
filings with the SEC. The sales aren’t marked as so-called 10b5-
1 transactions, a type of pre-programmed trade that managers set
up in advance to show they aren’t basing decisions on inside
information. Starbucks’ March 8 announcement after the close of
trading sent Green Mountain’s stock down the next day. By the
end of last week, it had regained 1.8 percent.
Stiller’s Background
Stiller, the second-biggest shareholder of Krispy Kreme
Doughnuts Inc. (KKD) and the largest stakeholder of pizza chain Noble
Romans Inc. (NROM), also co-founded the rolling paper maker E-Z Wider.
He founded Green Mountain in 1981 as a small Vermont cafe and
remains the largest individual shareholder with 13.4 million
shares, or 8.7 percent of the company, according to Bloomberg
data. Stiller was listed as 68 in a February proxy statement.
The company has faced criticism from hedge-fund manager
David Einhorn, who in October questioned its accounting and said
its market share has peaked.
“With Green Mountain’s patents expiring this fall,
Starbucks’ entry is part of the competitive onslaught hitting
Green Mountain,” said Einhorn, 43, president of New York-based
Greenlight Capital Inc., in an e-mail earlier this month.
Stiller submitted paperwork dated Aug. 4 to the SEC showing
he wanted to sell as much as 2 million shares. He sold only
500,000 that day, a separate filing shows.
Rival Machines
Even if those documents showed intent to further reduce his
stake, the February trades would be “problematic” if he had
information from Starbucks about its plans, said Onnig
Dombalagian, a professor at Tulane University Law School in New
Orleans and former fellow at the SEC.
Green Mountain says its K-Cup system and a new brewer,
called Vue, are different from the new Starbucks machine, called
Verismo. Green Mountain’s machines use “low pressure to extract
maximum flavor,” as opposed to espresso machines using “high
pressure and high temperature to produce a more intense taste
profile,” according to its March 9 statement.
Starbucks had an existing agreement to sell coffee for
Green Mountain’s K-Cup system before introducing the Verismo. On
March 21, the companies said Starbucks will also sell cups that
work with the Vue. Green Mountain jumped 10 percent on that
announcement.
Stiller’s trades probably aren’t the most important of the
“smorgasbord of cases” the SEC could be interested in, Boston
University School of Law professor Tamar Frankel said. The
commission’s resources “are not unlimited — far from it.”
To contact the reporters on this story:
Max Abelson in New York at
mabelson@bloomberg.net;
Leslie Patton in Chicago at
lpatton5@bloomberg.net.
To contact the editors responsible for this story:
David Scheer at
dscheer@bloomberg.net;
Robin Ajello at
rajello@bloomberg.net.
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Article source: http://www.bloomberg.com/news/2012-03-26/green-mountain-founder-sold-stock-before-starbucks-k-cup-threat.html

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