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Ocado drops pursuit of £190m payout from Marks & Spencer

Created at 28 Jul · 10:12 AM1 source↑ Market-relevant
IN SHORT

Ocado has dropped its pursuit of a £190.7 million payout from Marks & Spencer related to their joint venture, Ocado Retail. The FTSE-250 company had previously threatened legal action over the payment, which was contingent on undisclosed performance targets.

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Key Numbers

£190.7mdisputed payout from M&S
£560mupfront payment from M&S
£12mOcado Retail pre-tax profit (six months to April)
2.3%Ocado share price jump on Tuesday
189pOcado share price on Tuesday

Who's Involved

Ocado
FTSE-250 online grocer that dropped payout pursuit
Marks & Spencer
Retailer involved in a £190m payout dispute with Ocado
Tim Steiner
Co-founder and CEO of Ocado, set to step down
Adam Warby
Chairman of Ocado
Ocado drops pursuit of £190m payout from Marks & Spencer

↳ Why This Matters

The resolution of this dispute removes a significant financial and legal overhang for Ocado, allowing it to focus on the operational performance of its joint venture with M&S. It also signals a potential shift in the strategic relationship between the two companies.

Key facts

  • Ocado has dropped its pursuit of a £190.7 million payout from Marks & Spencer.
  • The payment was related to the performance of their joint venture, Ocado Retail.
  • Ocado Retail reported a £12 million pre-tax profit in the six months to April.
  • Ocado founder and CEO Tim Steiner will step down in approximately 18 months.

Ocado has quietly withdrawn its pursuit of a £190.7 million payout from Marks & Spencer concerning their joint venture, Ocado Retail. The FTSE-250 company had previously threatened legal action, asserting it was owed the sum based on undisclosed performance targets that were not met by M&S.

Ocado Retail, a 50-50 venture between the two companies, was established with an initial £560 million upfront payment from M&S for Ocado's delivery services. However, the subsequent performance targets were not achieved, leading to M&S withholding the additional payment.

Despite previous strong assertions from Ocado's chief executive Tim Steiner about being owed a substantial sum, the company has now dropped the claim. A spokesperson for Ocado stated that the focus is on building on the business's profitability and expanding order capacity, working with M&S to realize the venture's potential. Ocado Retail reported a £12 million pre-tax profit for the six months ending April.

Marks & Spencer, while acknowledging a good relationship and ongoing discussions with Ocado, is reportedly seeking technical improvements and better contract terms rather than focusing on the disputed payment. Meanwhile, Ocado faces challenges in attracting new partners for its warehouse technology business, and Tim Steiner recently announced his intention to step down as CEO in approximately 18 months following a boardroom disagreement.

Frequently asked questions

The dispute concerned a potential £190.7 million payout owed to Ocado by Marks & Spencer, related to the performance of their joint venture, Ocado Retail.

Marks & Spencer did not make the payment because undisclosed performance targets for the Ocado Retail joint venture were not met.

Ocado Retail reported a £12 million pre-tax profit in the six months to April, and the business is described as profitable across all key measures.

Ocado founder and CEO Tim Steiner announced he will step down from his CEO role in approximately 18 months.

What Happens Next

01Ocado plans to expand order capacity for customers.
02Tim Steiner will transition to a founder role at Ocado in about 18 months.

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Cadence

How It Developed

Ocado and Marks & Spencer established a 50-50 stake in Ocado Retail.
M&S paid Ocado £560m upfront for delivery services.
An additional £190.7m payment was due based on undisclosed targets.
M&S did not make the additional payment due to underwhelming performance.
Ocado had threatened legal action to recover the £190m payout.
Ocado has now dropped its pursuit of the £190m payment.
Ocado Retail reported a £12m pre-tax profit in the six months to April.
Ocado founder Tim Steiner announced he will step down as CEO in about 18 months.

Sources

T1
Ocado lets Marks & Spencer off hook in £190m payout disputeCity AM

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