Listen

Description

During the pandemic, some buyers and suppliers made aggressive bets about the future. 

Demand was surging, capacity was constrained, and everyone worried more about shortages than oversupply. For a while, it looked like the logic was sound, but now one of those agreements has turned into a $175.5 Million jury verdict.

Boston Beer Company (through its subsidiary American Craft Brewery) has been found liable in a dispute with their supplier Ardagh Metal Packaging over minimum can purchase requirements.

The contracts that offer safety during times of scarcity can quickly become liabilities when markets normalize. Companies increasingly have to navigate both realities at the same time.

In this episode of the Art of Supply podcast, Kelly Barner covers:

 - The background of the Ardagh Metal Packaging and Boston Beer Company dispute

 - Why pandemic-era supply assumptions created long-tail contractual risk

 - The legal arguments around minimum purchase commitments and supplier quality claims

 - What this case teaches us about flexibility, forecasting, and commercial risk allocation

 

Links:

Kelly Barner on LinkedIn

Art of Supply LinkedIn newsletter 

Art of Supply on AOP

Subscribe to the Art of Procurement Newsletter