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Published on 10/16/2008 in the Prospect News Special Situations Daily.

Grupo Modelo files notice of arbitration against Anheuser-Busch

By Lisa Kerner

Charlotte, N.C., Oct. 16 - Grupo Modelo SAB de CV, its controlling shareholders, and its subsidiary Diblo, SA de CV, as expected, filed a notice of arbitration against Anheuser-Busch Cos. Inc., Anheuser-Busch International, Inc. and Anheuser-Busch International Holdings, Inc. regarding the proposed merger of Anheuser-Busch and InBev SA/NV.

According to Grupo Modelo, a Mexico City beer producer, the arbitration is related to its investment agreement with Anheuser-Busch governed by Mexican law.

The agreement prohibits Anheuser-Busch from transferring or disposing of its interests in Grupo Modelo and Diblo to a competitor in the beer business or without first giving the controlling shareholders of Grupo Modelo an opportunity to purchase the company's shares, a Grupo Modelo news release said.

Both InBev and Anheuser-Busch, commenting on the filing on Thursday, said they are confident the claims made by Grupo Modelo are without merit.

InBev and Anheuser-Busch don't believe the arbitration will impact the completion of the transaction, which is expected to close by the end of 2008, the companies' statements said.

Anheuser-Busch has a reported 50% stake in Grupo Modelo, the importer of its products in Mexico, including Budweiser, Bud Light and O'Doul's.

InBev, a Leuven, Belgium-based brewing company, and St. Louis-based brewer Anheuser-Busch agreed in July to combine to form Anheuser-Busch InBev in a deal valued at $52 billion, or $70 per share.

Anheuser-Busch shareholders will be asked to approve the company's merger with InBev at a special meeting on Nov. 12 in Secaucus, N.J.


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