Tiffany ordered to pay Swatch $449 million
New York – A Dutch arbitration panel has ordered Tiffany & Co. to pay Swatch damages of about $449.5 million plus interest in a breach of contract case dating back to 2011. The dispute stems from Swatch’s claim that Tiffany failed to honor its obligation to develop and sell Swatch watches under the Tiffany name and split the profits.
The amount is 8.8% of the total damages sought by Swatch. Tiffany will also have to pay about $8.8 million in fees, expenses and other arbitration costs. One arbitrator on the three-arbitrator panel did not rule in favor of Swatch.
“We were shocked and extremely disappointed with the decision of the majority of the arbitral panel,” said Michael J. Kowalski, chairman and CEO of Tiffany. “We firmly believe the panel’s ruling is not supported by the facts of this case or the various agreements between the Swatch parties and the Tiffany parties. While we are reviewing our options with our legal counsel, I want to assure you that we do have sufficient financial resources to pay the full amount. We will record a charge for the after-tax impact of the award, which we estimate to be approximately $295 – 305 million, in the fourth quarter. However, we do not believe that the award will impact our ability to realize our existing business plans in the short or long term, and we are extremely pleased to be moving forward with our plans to design, produce, market and distribute our own Tiffany & Co. brand watches.”
Tiffany intends to fund any amounts to be paid from immediately available cash on hand and funds available under its existing debt facilities. The company has lowered its earnings per share guidance for fiscal 2014 to $2.30 – $2.35 from $3.65 – $3.75.
Feelings and Forecasts for 2014
I’ll hold off on talking about the holiday shopping season in detail until all the numbers are in, but it’s clear that we’ve already learned quite a lot from 2013. In fact, the more I think about this past year the more I think that the holiday numbers aren’t even the most important takeaway. What’s far more interesting to me is what 2013 has to tell us about where we go next. With that in mind, here’s my early take on what 2014 might have in store (and in stores!) for us:
Slow, steady and sustainable growth
I’m hoping that we will see slow but steady retail growth in 2014. The former is more likely than the latter, although 2014 will have a tough time being less steady than 2013. While we saw some nice growth this year — particularly in the first half of the year — it wasn’t particularly consistent or sustainable. The government shutdown and sequestration, the uncertainty surrounding Obamacare, and ongoing government dysfunction and drama definitely seemed to put a damper on the second half of the year. With pent-up demand from the recession no longer a real factor and some of the structural government financial disputes resolved for the time-being, 2014 is likely to see slower growth, but with hopefully less volatile ups and downs.
Performance disparities between retail segments
As for what retail segments will be 2014 winners and losers, I suspect that we are in for more of the same. Consumer electronics will likely remain strong, with apparel a much bigger question mark. Apparel will be especially interesting to watch, and I think it might even be lynchpin as to whether or not next year is ultimately viewed as a good year or a mediocre one. Right now, I think apparel is likely to stay flat. Merchants and designers will need to be at the top of their game to make this challenging and increasingly unpredictable category come in with stronger than expected numbers.
Experiential elements loom larger
I think there is little doubt that retail will continue to move toward making the brick-and-mortar shopping experience more of an “experience.” From coordinated social media promotions to in-store innovations like the removal of cash registers and the move toward point-of-sale payment with a smartphone app or handheld device, stores will continue to innovate and transform. Wherever the continued arc of innovation, retailers will, at the very least, be forced into thinking critically about how they do things and carefully consider the role that experience plays in the retail environment. Apple and its Apple Stores, as well as some foreign brands like H&M and Uniqlo, have made some promising moves in that direction.
Millennial influence grows
One of the most important and influential demographics — the oft-discussed Millennials — are also the group most likely to demand more in terms of the experiential elements I mentioned above. Millennials certainly haven’t written off brick and mortar, but they do tend to have higher (or at least, different) expectations in terms of how they want their brick-and-mortar retail environments to feel. In turn, retailers are going to have to do a better job of understanding Millennials’ priorities and catering to them. The big question to me is how well retailers like Ann Taylor and William Sonoma (which haven’t historically had a strong appeal to a younger demographic) will be able to adapt.
To no one’s surprise (at least no one who follows retail for a living), the continued downsizing of retail formats will almost certainly continue in 2014. This is not a new trend, but a continuing trend. While larger formats like Walmart or Target may be an exception to the rule (although even the giants are experimenting with more modest sized floor plans) smaller retailers will continue to move toward smaller, intimate and more efficient spaces.
Distribution evolution accelerates
One of the 2014 trends that the 2013 holiday season really highlighted was the degree to which the integration between various distribution channels will continue to become more sophisticated and profound. As retailers continue to discover that mobile online shopping has much greater potential than first thought, the lines between online and inline continue to blur and evolve in new and exciting ways. Retailers who aren’t out ahead of the curve might want to consider adapting a little quicker or more aggressively than what might originally have been planned/anticipated.
Those are my 2014 trends to watch — what about yours? I’d love to hear your thoughts on what might be in store for the world of retail once we clink our glasses, watch the ball drop and flip our calendars to Jan. 1. Share your input in the comments section below or email [email protected] to continue the conversation.
Click here for past columns by Jeff Green.
Making the Nice List in Omni-Channel Commerce
We have reached the time of year when everyone wonders whether they made the “naughty” or “nice” list. Here are a few suggestions for omni-channel retailers who want to ensure Santa (and your customers) place you firmly on the nice list.
Recognize Channel Differences and Limitations
The goal of omni-channel commerce is to provide a seamless and personalized experience across all customer touchpoints. However, too many retailers confuse a “seamless” experience with an “identical” experience. Nice omni-channel retailers are those who recognize different channels operate differently and work best with different features.
A customer interacting with an e-commerce site via PC has a user interface that optimally operates in a very different way from the user interface for a tablet, which in turn does not operate the same way as the user interface for a smartphone. Whether retailers design individually optimized sites for different devices or use responsive design to differentiate front-end experiences from a common back end, they need to recognize the unique strengths, weaknesses and features of each form factor. This also extends to creating differentiated experiences for channels such as social networks, text messages, email, and even the store (see more on the store below).
Respect Individual Customer Boundaries
Most omni-channel customers expect and appreciate some level of personalization. However, individual customers have very different levels of comfort with personalized and targeted messages, offers, discounts and promotions. Some customers would prefer an omni-channel retailer to intensively track and analyze their every move across every channel, so that for example a customer browsing a store shelf might receive a real-time, location-based promotional text on their smartphone trying to cross-sell based on an item they recently purchased online.
Others would find this level of personalized attention creepy, and would rather leave omni-channel personalization to the more basic type of targeted services offered through a loyalty program. Nice omni-channel retailers are always transparent in their personalization efforts and operate on an opt-in basis that lets customers choose how personal their personalized service gets.
Don’t Overlook the Store
While discussions about omni-channel commerce inevitably focus on digital channels like mobile, social and online, they often leave out what remains the core retail channel: the store. This is an enormous mistake. Department of Commerce figures indicate that e-commerce only accounted for about 5% of all retail sales in 2012, and Forrester Research analysis shows that 54% of retail sales do not involve and are not influenced by any digital channel.
The most effective, or “nicest,” omni-channel commerce programs are those that recognize for the majority of consumers, the store is still the primary shopping channel. Digital marketing and retailing efforts should tie back to the store, such as buy online-pick up in-store options or letting in-store customers obtain detailed product information by scanning QR codes on in-store price tags. In addition to enhancing customer convenience, these types of programs can also help increase store traffic and convert in-store sales.
Being nice is not always associated with business success, but when it comes to succeeding in omni-channel commerce during the holidays and all year long, nice retailers will get the rewards of increased consumer loyalty and spending while naughty ones will only get lumps of virtual coal. Happy Holidays!