Case Study LeClerc Enora RAVALEC

Laura VEILAND

OVERVIEW

LeClerc Machines de Cuisine: Paris Manufacturer of food processors, blenders, grinders, etc.

Decide exporting its products through an US distributor: Creative Cuisines.

Contract: Exclusive distribution agreement

Creative Cuisines assumes marketing, sales promotion costs and markets product aggressively.

Problem in July 1994: Another firm offered the LeClerc LMC Professional and the LeClerc LMC Standard food processors

LeClerc PARIS Manufacturer

Decides to export : USA EXCLUSIVE DISTRIBUTION

AGREEMENT

Creative Cuisines : ONLY distributor in the USA

LECLERC PRODUCT

EXISTING SITUATION

Creative Cuisines

LeClerc PARIS Manufacturer

Decides to export : USA EXCLUSIVE DISTRIBUTION

AGREEMENT

LECLERC PRODUCT

THE PROBLEM

LECLERC PRODUCTLOWER PRICE

Reliable Restaurant & Home Kitchen Sup

Creative Cuisines

VIOLATION OF THE AGREEMENT

MAIN CARACTERS

Mr. François Jost LeClerc's overseas sales manager

Mr. Bill LewisPresident, Creative Cuisines

Ms. Marie DominicAttorney representing, Creative Cuisines

Jane WatsonSales Manager, Creative Cuisines

Sandra JordanAccount Executive at Feingold Advertising Creative Cuisine's Advertising Agency

Albert RosePresident, Reliable Restaurant and Home Kitchen Supplies

Creative Cuisines

LeClerc

Feingold Advertising

Reliable Restaurant & Home

MAIN F IRMS

DIALOGUE Between Mr. Bill Lewis & Ms. Marie Dominic

Dominic: It depends on how Reliable is getting the LeClerc products.Lewis: What do you mean?Dominic: If Reliable is getting its products direct from LeClerc in vio lation of your exclusive distribution agreement, it’s illegal. Or, it's illegal if the LeClerc products it's selling are counterfeits, not genuine LeClerc products.

I M P O RTA N T :

It’s Illegal if :

Leclerc provides the products and Reliable distributes Violation of the exclusive distribution agreement

Reliable does not sell genuine product Counterfeiting

DIALOGUE Between Mr. Bill Lewis & Ms. Marie Dominic

Dominic:First, I’ll write a letter to Reliable implying possible legalities. Meanwhile, you see what you can find out about Reliable's source of supply. Get LeClerc to issue a warning to its foreign distributors. Most likely one of its own distributors, maybe in Canada or in Europe, is supplying Reliable with products. That happens quite often. In many cases the distributor doesn't even know he's violating an agreement. The truth is, though, these measures may be ineffective. I suggest you immediately adopt some marketing tactics to counter this offensive—the same way you would with any other competitive threat.

I M P O RTA N T:

To solve the problem : Inform Reliable about the violation Get leClerc warn its foreign distributors Adopt some marketing tactics to counter this offensive

EXHIBIT 2 : Letter from Dominic to Albert Rose

My client, Creative Cuisines, Inc., has recently brought to my attention that you have either knowingly or unknowingly violated the exclusive distribution agreement between LeClerc Machines de Cuisine, and Creative Cuisines, Inc. This agreement, which went into effect in January of this year, explicitly gives sole distribution rights to Creative Cuisines and also names them as the only authorized service agent of LeClerc in the US.

I M P O RTA N T:

Inform Reliable about the violation agreement between Leclerc and Creative. Warn them that we can undertake a procedure against them.

EXHIBIT 3 : Memo from Jane Watson to Bill Lewis

It is without a doubt a genuine LeClerc LMC Standard. The warranty, although identical to the one issued by LeClerc, France, names Reliable on the return. I enclose it for your examination.

I M P O RTA N T:

It’s genuine product It’s not counterfeitingIt’s exactly the same warranty but with the name Reliable on it

But we don’t know who gave the product to Reliable Restaurant and Home Kitchen Supplies.

EXHIBIT 5 : Reliable's Ad in a Number of Consumer Food Magazines and Professional Journals

EXHIBIT 4 : Memo to Creative Cuisines Sales Department from Jane Watson

I M P O RTA N T:

Cuts prices down for 2 months to face the competitionChange of all ads

Reaction of Creative Cuisine against Reliable prices

This is a temporary two-month price cut to head off illegal competition from Reliable. Please contact dealers immediately to inform them of the savings. Ads, to be run in the September issues of all magazines in which we are advertisers, will reflect this change.

EXHIBIT 6 : Letter from Bill Lewis to Sandra Jordan

Concept: Aggressively take on Reliable. Ad should inform customers of Reliable's "pirate" actions. Emphasis will be placed on possibility that warranty will not be honored. Low price will also be advertised, but not focus. Standard graphics will be used.

I M P O RTA N T:

Respond to Reliable affront Aware consumer about its actions and the consequences Aggressively advertise

Strengths and Weaknesses

Topic Strenghts Weaknesses

CommunicationGood Communication between LeClerc and Creative Cuisines fast reaction to face the problem

Lack of communication :

Leclerc / Distributors

Ethics Illegal business : One of the distributors didn’t respect its contract by selling the LeClerc’s products to another distributor

STATEMENT OF THE PROBLEM

Leclerc company is facing one problem

How to avoid illegal business ?

Solution N°1 : STATUS QUO

Increase LeClerc’ notoriety

Target more consumers :Reliable + Creative Cuisines

Blind Eye to illegal business on the market

Reliable will remain unpunished

Violation of the exclusive distribution agreement

Negative impact on LeClerc’s brand image Warranty not honored

Creative Cuisines may not want to deal with us anymore

Solution N°2: Solve the problem out of court

Not exposing the problem publicly

No impact on LeClerc’s brand image

Save Time & Money

Difficulty to find the culprit

The culprit may not agree with the arrangement

Settle an arrangement between LeClerc and the culprit :If the culprit does not stop, LeClerc will stop its collaboration with him.

Solution N°3: LeClerc decides to sue the culprit

Examination of the product can make LeClerc win the case

Eliminate Illegal Business

If we win the culprit will be punished and will pay indemnification

Not sure to win

Time & Cost consumingTrail long and expensive

Affects negatively the brand image of LeClerc

Solution N°4 : Increase the control on the distribution : Hire someone

Time & Cost consuming to hire someone

A way to struggle against the illegal business

Keeping an eye on all the distributors and checking if everything is respected.

Keeping the contract with Creative Cuisines : Exclusive agreement

Solution N°5 : LeClerc assumes the distribution in the United States

No more contact in the United statesLoss of Creative Cuisine agreement

Hire a representative in the USA toassume marketing, sales promotion costs and market product

No knowledge of the market, language barriers, loss of creative cuisines clients.

Total control on the distribution

Elimination of illegal business