Ben And Jerry's

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12. PAGE and KATZ, The Truth about Ben and Jerry's
Found in 1978, Ben and Jerry’s was a company that was “fair to its employees, easy on the environment, and kind to its cows” (Page, Katz, 39). They introduced the idea of profit and people, an idea that Cohen and Greenfield called the “double dip.” In 2000, Ben & Jerry’s was sold to Unilever, a company described by one commentator as “a giant multinational clearly focused on the financial bottom line” (39). Co-founder Ben Cohen had an interview with NPR radio back in 2010, and he said that “the laws required the board of directors of Ben & Jerry’s to take an offer, to sell the company despite the fact that they did not want to sell the company” (39). Fellow co-founder Jerry Greenfield agrees, …show more content…

Unilever’s purchase of Ben & Jerry’s serves as an example of how easily corporate command can undermine social responsibility. “‘The board was legally required to sell to the highest bidder,’ says [an attorney with expertise in social enterprise]” (39). The sale of Ben & Jerry’s to corporate giant Unilever wasn’t legally required, but because it was public they had no choice. It was not a legal obligation, but it Unilever’s purchase left Ben & Jerry’s with little choice since they were a public company. Page and Katz make a reference to a legislative report on SB 201, California’s Flexible Purpose Corporation act, which state that “The story of Ben and Jerry’s Ice Cream is an example of why a new entity form is sought” (40). Even though Ben and Jerry did not want to sell out, they had no …show more content…

Ford case, one in which argues that “shareholder wealth maximization is not a modern legal principle” (41). By the time Unilever has approached Ben & Jerry’s in early 2000 regarding the acquisition, the company was well defended. Cohen and Greenfield, along with their lawyers and lobbyist, had taken many steps to prevent a hostile takeover. In addition to promoting Vermont’s enactment of a constituency statute, which allows corporate directors to consider non-shareholder interests when making business decisions, the company had adopted a “poison pill,” meaning the company wanted to make Unilever believe that they were a company that was not worth purchasing. To cancel a poison pill, Unilever would have had to either find a friendly board or get one elected. Because elections for Ben & Jerry’s board were sporadic, Unilever would have needed at least two elections scheduled a year apart to elect the board of its choice. In the case of Ben & Jerry’s, Unilever could not have elected a friendly board because of the power and influence held by co-founders Ben Cohen and Jerry Greenfield, along with director Jeff Furman. Since Ben & Jerry’s could have adopted a “poison pill,” it would have caused Unilever to have to try and elect a friendly board. However, it would not be the case that Unilever could elect a friendly board since director Jeff Furman held enough power to sway the

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