The Guardian (USA)

Burger King owner says operator in Russia refuses to shut shops

- Mark Sweney

The owner of Burger King has said the operator of its 800 stores in Russia has “refused” to close them, despite its demand to suspend trading after the invasion of Ukraine.

Last week, Burger King, which is owned by Restaurant Brands Internatio­nal (RBI), said it had suspended all supply chain, operationa­l and marketing support for the Russian operation.

RBI has been unable to close the operations directly, as rivals such as McDonald’s have done, because of a complicate­d legal contract with its main franchisee partner, Alexander Kolobov, with whom it has run the joint venture in Russia for a decade.

“We contacted the main operator of the business and demanded the suspension of Burger King restaurant operations in Russia,” David Shear, the president of RBI, said in a statement and letter to staff. “He has refused to do so. Would we like to suspend all Burger King operations immediatel­y in Russia? Yes. Are we able to enforce a suspension of operations today? No.”

Burger King is one of a number of western companies, including Marks & Spencer and the hotel groups Marriott and Accor, that are prevented by complex franchise deals from withdrawin­g.

RBI said it is attempting to sell its 15% stake in the Russian operation. Shear said any profits from the business, and its ownership stake, have been redirected to the United Nations’ refugee agency.

“There are no legal clauses that allow us to unilateral­ly change the contract or allow any one of the partners to simply walk away or overturn the entire agreement,” he said. “No serious investor in any industry in the world would agree to a long-term business relationsh­ip with flimsy terminatio­n clauses. This is exactly why we say it’s a complicate­d legal process.”

Burger King’s main franchisee in Russia is Kolobov – the main day-today operator of the business – but other partners include Investment Capital Ukraine and VTB Capital, part of the state-owned VTB Bank, Russia’s second-largest bank, which has been subjected to western sanctions.

Shears said any attempt to try to force terminatio­n now would require the support of the Russian authoritie­s.

“We know that will not practicall­y happen any time soon,” he said. “This is also why you may see other brands in Russia with similar structures continue to operate in the market.”

M&S stores are operated by a Turkish company called FiBA, which has held the rights to sell the retailer’s products across eastern Europe since 1999. M&S has suspended all shipments of goods to FiBA, which operates 48 stores in Russia.

 ?? Photograph: Maxim Zmeyev/Reuters ?? A Burger King restaurant in Moscow.
Photograph: Maxim Zmeyev/Reuters A Burger King restaurant in Moscow.

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