(Adds analysts' comments about antitrust issues, updates Diedrich share price.)

 
   DOW JONES NEWSWIRES 
 

Green Mountain Coffee Roasters, Inc. (GMCR) again raised its offer to buy Diedrich Coffee Inc. (DDRX), this time to $290 million, after rival Peet's Coffee & Tea Inc. (PEET) increased its bid.

Green Mountain, which had most recently offered to buy Diedrich for $32 a share in cash, boosted the bid to $35. Peet's latest offer, made Monday night, was a stock-and-cash bid worth $32.50 a share. Diedrich shares jumped 3% to $35 in premarket action. Shares of Peet's closed at $32.78 on Tuesday while Green Mountain ended at $62.04. Both were inactive premarket.

Diedrich said Wednesday its board continues to view Green Mountain's bid as the "superior proposal," not only because of its higher price but also more favorable terms.

The new Green Mountain bid provides for a reduction in the limitations and restrictions on Diedrich's ability to operate its business during the period prior to the completion of the transaction, as compared to the Peet's merger agreement, Diedrich said. It also said the offer increases the time Diedrich may remedy deficiencies relating to the satisfaction of certain conditions to the deal.

"We are eager to start realizing the benefits of this transaction for our shareholders as quickly as possible, and therefore after careful deliberation, we determined to enhance our proposal to $35.00 per Diedrich share," said Green Mountain Chief Executive Lawrence J. Blanford.

In response, Peet's said it believed its offer to be superior and that it thinks there are "significant antitrust issues" associated with any Green Mountain proposal. Peet's said it would take "the next few days" to consider its options.

Risk of the deal violating antitrust laws "is minimal," as consumers have several other options for in-home coffee brewing besides the Keurig single-cup brewers Green Mountain and Diedrich provide, Janney Capital Markets analysts Mitchell Pinheiro and Brian Holland said in a note. "Given that reasonable and cost-effective alternatives exist, if GMCR prices K-Cups and/or brewers too high, consumers will switch to other methods," they added.

Peet's, which sells premium coffee and tea, is pursuing Diedrich to try to get a foothold into the fast-growing single-serve coffee market in the form of K-Cups, plastic pods used in Keurig coffee machines. The machines have exploded in popularity in recent years, as they offer a convenient way to brew a cup of coffee from a choice of flavors. Over the last year, Keurig shipped 1.6 billion K-Cup portion packs, up 63% from last year.

But the Keurig technology is owned by Green Mountain, which appears to want to bring more of the brands licensed to sell K-Cups under its wings. Green Mountain recently bought a separate coffee brand, Timothy's Coffee of the World Inc., for $157 million.

-By Nathan Becker, Dow Jones Newswires; 212-416-2855; nathan.becker@dowjones.com

 
 
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