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Danone says Wahaha on competition issues and tort litigation director
From:Xinhua Hangzhou  Date:2007-07-04
| Concern the acquisition of the Danone Wahaha dispute since after entering the proceedings are still escalating.
Day 3 in Hangzhou Wahaha convened a meeting of Chinese and foreign media will be announced at its disposal "to aspects of competition and their directors with violations of the relevant evidence," such as a joint venture that at no time limit to three Danone directors infringement proceedings, Wahaha will be filed in accordance with the law of subrogation litigation.
Hangzhou Wahaha Group Co., Ltd. and its affiliated companies (hereinafter referred to Wahaha aspects) of the agent lawyer said Liu, since 1996, Danone Danone Group (Asia) Holdings Ltd. and its subsidiaries (hereinafter referred to up to to respect) and Wahaha areas 39 have set up joint venture. Danone to these joint ventures has dispatched a number of directors, including UNITA YiSheng, Roger, Qin Peng, Fan Yi-mou, Kerry, etc.¿ÂÁØ.
LIU Xiang-wen said that based on their week-long preliminary investigation found that up to one of three directors to act as a joint venture company with more than there is competition between business directorships of companies, announced in detail they are employed by a company, as well as office duties date. These include: the current Danone (Asia) Ltd., Chairman of the Chinese Pengzhang at Robust (Zhongshan) Ltd., such as health drinks 16 company as chairman of the board of directors and legal representatives of the post. Kerry is widely¿ÂÁØin Shanghai and application of water, such as limited liability companies as a director of nine companies. Fan Yi and the two sides plan to set up as the vice chairman of the joint venture during the period, "without the approval of the joint venture company's board of directors, but also at the same time the Danone (Asia) Ltd. duties of directors and executives," and together with the Pengzhang " Leaders, organizations and arranged Danone (Asia) Ltd. and its affiliated companies in China has invested more than a joint venture with other companies to compete and to those involved in the management of a company competitive. "
This from Beijing King & Wood's lawyers said the three directors up to party in violation of the "People's Republic of China Company Law," the director of the provisions of the prohibition of competition obligations are joint damage and harm the interests of the company Wahaha the interests of shareholders to act.
Hangzhou Wahaha Group Co., Ltd. said, because the current has not been able to square up to the three news directors to resign, Wahaha has 39 lawyers to the joint venture´ß¸æsent a letter requesting a joint venture company's board of directors or board of supervisors in accordance with the law of three Danone to sue directors and proposed directors of the three parties engaged in Danone acts of the above non-compete revenue to the various joint-venture company in accordance with the law for all, and to assume liability in accordance with the law requirements.
Wahaha also said that if the joint venture is not in the specified period of time sued Wahaha to shareholders will be shareholders in accordance with the law of subrogation against litigation, the prosecution of three directors of Danone side. At the same time do not rule out the resignation of the Union and Roger YiSheng Danone and other directors to take the same legal act.
Of the above, news Danone spokesman, Ogilvy PR has been known to Miss Ding Ying said, but she made it clear that "up to regard this not make any comment", if there is any measure and respond to e-mail form will be timely written this.
At present, the two sides about the fight for non-joint venture company has been shifting legal war of words. May 9, Danone Asia and its wholly-owned subsidiary of the Chamber of Commerce Court of Arbitration in Stockholm, Sweden to apply for international arbitration. Time the United States June 4, Danone in Los Angeles, California, United States Supreme Court of the Wahaha Group's two subsidiaries and two associated members proceedings. And Wahaha, on the other hand in June to the Hangzhou Arbitration Commission against the "Wahaha" trademark application for the transfer of disputes to arbitration, and is actively preparing for the total amount of Danone filed more than two billion euros possible counterclaims. |
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