After successfully emerging from a Chapter 11 bankruptcy proceeding filed in 2020, Red Lobster is once again seeking protection from creditors. Many potential causes have been cited for the financial troubles afflicting the popular chain of seafood restaurants. Numerous mid-priced competitors have experienced similar problems maintaining their customer base while “fast casual” brands, such as Chipotle and Panera, have thrived. Lingering effects of the COVID-19 pandemic and the chain’s highly advertised $20 Endless Shrimp special might have also hurt the company.
Perhaps the most serious threat to Red Lobster’s Chapter 11 filing is that allegations of self-dealing have surfaced, casting a shadow over the restructuring process and raising concerns about potential conflicts of interest. At the heart of the controversy is Red Lobster’s relationship with Thai Union, its primary supplier of shrimp and a company that obtained a substantial stake in Red Lobster during the previous restructuring.
Some investors and analysts have accused Thai Union of manipulating shrimp prices to its advantage, ultimately harming Red Lobster financially. There is speculation that even the money-losing shrimp promotion might have been motivated in part by Thai Union’s efforts to secure favorable shrimp prices, squeezing Red Lobster’s profit margins. This practice, known as transfer pricing, involves setting prices for goods or services exchanged between related parties in a way that benefits one party at the expense of the other.
Thai Union vehemently denies the allegations, asserting that their pricing practices were fair and in line with industry standards. They argued that their long-standing relationship with Red Lobster was mutually beneficial and that they had no intention of harming the company. The bankruptcy court will have to determine whether Thai Union’s actions constituted unfair practices that contributed to Red Lobster’s financial distress.
For many companies, a sound Chapter 11 plan is the springboard to renewed financial success, but allegations of self-dealing or other forms of impropriety could prevent approval from a court or creditors’ committee.
As a law firm that guides many Georgia small businesses through Chapter 11 bankruptcy, Jeff Field & Associates can identify potential pitfalls that could complicate your ability to restructure your company’s debt load. The first step in developing a comprehensive strategy is calling 404-381-1278 or contacting us online. Our offices are located in Athens, Douglasville, Gainesville, Lawrenceville, Marietta and Scottdale.