In 1996, France’s Groupe Danone SA, a global leader in healthy food, partnered with China’s Wahaha Group, one of China’s leading beverage brands, to form five joint ventures (JVs) of which Danone owned 51%. Over the next 10 years, the number of JVs increased to 39, and revenues grew to $2.25 billion from $100 million. Both Danone and Wahaha pursued growth in China through business ventures that were outside of the JVs. Danone grew to be the largest beverage maker in China, while Wahaha controlled 70 subsidiary companies in China. All of the Wahaha companies used the Wahaha brand name, but only 39 of the 70 had a JV relationship with Danone.
Trouble started in 2006. The master JV agreement between Danone and Wahaha granted exclusive rights to the JVs to use the Wahaha brand. Danone felt that Wahaha’s non-JV subsidiaries were violating the agreement by selling product under the Wahaha brand. Wahaha claimed that Chinese trademark office never approved the brand, so that part of the master agreement never became effective. To complicate the relationship further, Wahaha claimed that Danone was investing in other companies that were competing with Wahaha.
The dispute became public in the press in 2007 with each sides criticizing the other. Lawsuits and counter suits followed.Finally, on September 30, 2009 a press release was issued stating that the two companies had reached an “amicable settlement” whereby Wahaha would buy Danone’s 51% interest in the JVs. The settlement was also reported in the China Daily.
The moral of this story is that if your company is going to enter a foreign market through a JV with a domestic firm, it is so important that both side fully understand the intent of the JV agreement. Every detail must be spelled out. It would also be wise to retain local legal representation, someone that understands the laws; institutions, both formal and informal; and the culture of the target market.
Danone and Wahaha had a very successful JV in terms of revenue and profit. However, there were significant costs associated with the breakup. Do your homework up front to avoid the headaches later.











