Whirlpool Corporation
- 83 -
Updates on Various Legal Matters
Brazilian Settlement with Banco Safra
On June 22
nd
, WHR announced a legal settlement with Brazilian bank Banco Safra. The long-standing
dispute related to a former employee of Embraco (now part of WHR’s Brazilian operations) who entered the
Company into an unauthorized loan with Banco Safra in 1989. After 22 years of litigation, management elected
to settle the matter for approximately $600 million. The payment will be made in two installments over the next
6 months. WHR recorded an additional charge of $439 million, and will pay the settlement from the Company’s
existing cash balance. The total after-tax impact for WHR is $290 million, or approximately $3.70 per share.
Management has updated its financial guidance for 2011 to reflect the financial impact of the settlement.
Embraco Anti-Trust Investigation
Beginning in 2009, various competition authorities (Brazil, United States, and Europe) requested
documents from WHR as part of several anti-trust investigations involving the global compressor industry
(pertaining to Embraco and its competitors). The Company has reached settlements with government
authorities in Brazil and the United States, but several investigations remain ongoing (including the European
Commission). The final value of WHR’s liability is not precisely quantifiable, but management believes it can
estimate the total costs related to this matter. As of the end of the second quarter, the Company had taken
$306 million in total charges for this issue.
Business
WHR’s strong market share helps to illustrate the Company’s solid competitive position. Within the
global appliance market, WHR holds the #1 market share position. The Company’s 15% share of the
worldwide market is 50% larger than its nearest competitor, Electrolux. The Company has the #1 market
position in North America and Latin America, the #3 position in Europe, and the #2 position in the growing India
market. As the charts below illustrate, the Company has a relatively diverse sales mix in term of both products
and regions. During 2010, 31% of WHR’s total revenue was derived from refrigerators and freezers, followed
by laundry appliances (30%), other (23%), and cooking appliances (16%). Whirlpool has approximately 71,000
employees, and roughly 60% of WHR employees are unionized.
Whirlpool 2010 Sales by Region
Whirlpool 2010 Sales by Product
In terms of geographic exposure, North America (53%) is still WHR’s largest source of sales, followed
by Latin America (25%), Europe (17%), and Asia (5%). The Company does utilize currency options, swaps and
forward contracts in order to manage its currency risk. During past periods, WHR has been able to achieve
ROE and Return on Capital levels in excess of 20%, but recent market conditions have made that
less attainable. Whirlpool does not break out profitability by product. However, the Company does disclose
Europe
17%
Asia
5%
North
America
53%
Latin
America
25%
Other
23%
Cooking
Appliances
16%
Laundry
Appliances
30%
Refrigerators
& Freezers
31%
Whirlpool Corporation
- 84 -
its gross margins by region. The following table depicts each market’s average gross margin for the past
3 years (2008-2010).
Region
Gross Margin
(2008-2010 Average)
North America
11.6%
Latin America
19.9%
Europe 12.9%
Asia 18.2%
Consolidated 14.0%
Whirlpool’s Foundation for Success
The Company’s formidable competitive position has been gradually built over many decades. In our
view, it would be very challenging for industry peers or new entrants to replicate the Company’s strong
standing within the global appliance marketplace. However, maintaining this competitive position is an ongoing
challenge that requires significant investment and management execution. The executives at WHR cite scale,
brands, and distribution as the “foundation” for its competitive position. These factors, combined with several
meaningful growth opportunities represent management’s key priorities for long-term value creation.
Whirlpool’s scale is a key aspect of its competitive position. The Company has a global presence in
terms of both its sales reach and manufacturing capabilities. A combination of both organic growth and
selective acquisition has enabled the Company to sell its products in over 130 countries worldwide. WHR also
has 35 manufacturing facilities in 12 countries, allowing for a greater proximity between its production and end
users. Importantly, the Company’s manufacturing facilities possess leading capabilities and scale relative to the
facilities of industry peers. In North America for example, management has indicated that its factories are 70%
larger than the average factory of its competition. It is important to note that WHR has maintained this scale
position while improving the efficiency of its manufacturing operations. Total global manufacturing centers now
total 35, down from 45 in 2006. In total, WHR occupies about 70 million total square feet of space for
manufacturing, service, sales, and administrative purposes (roughly 50/50 split between owned and leased
space).
WHR’s well established portfolio of brands is another source of competitive strength. The appliance
market is a relatively segmented landscape, characterized by numerous customer groups, end markets, and
price points. In the view of management, having a diverse group of brands enhances WHR’s ability to
effectively monetize these opportunities (WHR brands reach over 85% of consumers according to company
data). WHR possesses 10 brands, and 6 of these brands generate at least $1 billion in annual revenue. These
brands hold relatively high levels of recognition and favorability among most appliance consumers. In addition,
the value of the brands has been reinforced by various media sources that evaluate the appliance industry and
products (favorable reports for WHR products from sources such as Consumer Reports in the U.S. and Epoca
Negocios in Brazil). The following provides a more detailed description of WHR’s brand portfolio, and the
respective identity and positioning of each brand:
The Billion Dollar Brands (Annual Sales of at least $1 billion):
Whirlpool: Whirlpool is a well-established brand, present in the North
American market since the
1950s. Whirlpool products are now available on a global basis, and largely consist of laundry and
kitchen appliances designed for the middle market. According to management, the Whirlpool brand
has the greatest global reach within its portfolio.
Maytag: The Maytag brand has existed since the early 1900s, and became part of WHR after the 2006
acquisition. Like Whirlpool, Maytag products largely consist of laundry and kitchen appliances
designed for the middle market.
KitchenAid: KitchenAid has been a prominent provider of kitchen appliances and products since the
early 1900s. The company was acquired by WHR in 1986, and provides a diverse range of appliances