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McDonald's Faces AI Pricing Suit After $8.5 Billion Franchisee Pitch

Shares fell below $230 for the first time in four years as analysts cut price targets on the plan.
McDonald's Faces AI Pricing Suit After $8.5 Billion Franchisee Pitch
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Roberto Orosa
By , B2B Reporter
Reviewed by Katherine Maclang, B2B Editor

McDonald's value plan is getting its harshest review yet, and Wall Street isn't holding back.

The chain spent its September investor day pitching franchisees $8.5 billion to help fund a decade of restaurant upgrades.

Nine days later, a federal lawsuit accused the company of using an AI tool to push these same operators toward higher menu prices.

McDonald's shares dropped below $230 on Monday for the first time in more than four years, per Yahoo Finance.

Two analysts trimmed their price targets on the same day.

Wells Fargo's Zachary Fadem now sees the stock at $270, down from $300, and keeps an Overweight call.

Fadem said the message from the September investor day is still hard to digest.

He calculates that McDonald's needs a 13% to 18% cumulative lift in average unit volume to earn a fair return on the plan.

Wells Fargo's read is that franchisees got the better end of the deal, and shareholders absorb the overhang.

Meanwhile, Guggenheim's Gregory Francfort moved to $250 from $290 with his Neutral rating intact.

Francfort pointed to softer same-store sales in the U.S., a slower pace of new restaurants worldwide, and heavier reinvestment spending.

Guggenheim sees strengths in the chain's size, marketing and digital tools, and franchise profitability.

However, he wants evidence that operators are on board with the value push before Guggenheim softens its stance.

Operator buy-in is the one part that McDonald's has already conceded it didn't get.

CEO Chris Kempczinski addressed the shortfall on the second-quarter earnings call.

"We don't have a strategy problem. We simply didn't execute at the level we needed to in the second quarter," he told analysts.

This answer puts McDonald's brand strategy on the hook, since a value platform only moves traffic when the operators setting the prices agree with the math.

Lawsuit Targets Prices at 14,000 U.S. Restaurants

A federal lawsuit now puts the same pricing question in front of a judge.

A proposed nationwide class action was filed on October 2 in Chicago's federal court.

It states that McDonald's used an AI pricing tool to steer what independent operators charge.

The complaint also claims that the company replaced independent pricing with a "coercive price-fixing agreement" starting in 2019 at the latest.

Plaintiff Michael Thomas, a customer from DeKalb, Illinois, argues that pooling restaurant-level sales figures through the tool breaks federal antitrust rules.

He wants to represent millions of McDonald's customers nationwide, with franchisees cast as participants in the pricing agreement rather than victims of it.

The complaint also says that independent operators run about 95% of McDonald's roughly 14,000 U.S. restaurants.

It argues that the franchise structure gives McDonald's enough influence to move prices without ever setting them.

McDonald's pushed back on the allegations and said it will contest the case.

"AI does not set menu prices at McDonald’s restaurants — McDonald’s franchisees do," the company said in a statement.

The chain added that franchisees have had access to the optional tool for over a decade.

At its Sept. 23 investor day in Chicago, McDonald's committed about $8.5 billion in franchisee support through 2036 under its NEXT plan.

About $5 billion of that is due by 2030 as rent relief and capital help.

McDonald's also told investors a full NEXT buildout runs about $800,000 per restaurant, with operators covering the balance after company support.

The company is also raising its global franchise mix from about 95% to roughly 98% by the end of 2028.

More of the system will sit in independent hands exactly as the plan rolls out.

Third-quarter earnings, set for November 4, are the next checkpoint.

Wall Street forecasts earnings of $3.39 per share, compared with $3.22 in the same quarter last year.

CFO Ian Borden told investors in September that U.S. comparable sales would be slightly negative for the quarter, so the result holds few surprises.

The open question is whether McDonald's can ask operators for $800,000 a store while defending its AI pricing tool in court.

Brand reputation inside a franchise system gets built by the people writing the checks, and they are reading the same headlines as everyone else.

McDonald's Trailed Burger King by 7.7 Points on Value

McDonald's relied on its McValue platform, discounted breakfast, and new drinks through the second quarter.

But none of them moved traffic the way the company planned.

U.S. comparable sales rose only 0.8% at McDonald's last quarter, while Burger King U.S. posted 8.5%.

Both chains competed on value in the same period, so a 7.7-point gap suggests the problem sits at the restaurant level.

Kempczinski told investors that only 60% to 65% of U.S. restaurants actually ran the under-$3 menu during the quarter.

A third of the system advertised a deal that customers couldn't buy there.

Investors have also priced this gap in, with shares down about 24% year to date as of Monday's close.

Evercore ISI analyst David Palmer, who still rates McDonald's a buy, estimates that beverages now account for 3% to 4% of sales.

But this growth hasn't made up for weak demand around the chicken launches and the sub-$3 menu.

McDonald's has shed about a third of its value, and investors are asking whether the stock is now cheap enough to buy.

Stansberry Research points to profits that nearly doubled over two decades while the stock sits 32% below its March high.

Profits and cash flow were never McDonald's weak spot. The problem is a value offer that a third of its restaurants won't run.

Value offers only move traffic when the operators running them can afford to deliver, and three lessons follow for brands selling through franchise networks.

  • Confirm franchisee funding before buying national media. Operators who cannot afford an offer will quietly opt out of running it.
  • Document how every pricing recommendation gets made. Regulators and plaintiffs will ask who held final authority over each price.
  • Tie promotional calendars to reportable traffic goals. Quarterly results set the terms every campaign gets judged on.

McDonald's has the scale and the media buying budget.

And the next two quarters will show whether its operators price the offers the way the national ads promise.

Our Take: Why Is a Decade-Old Pricing Tool in Court Now?

McDonald's says that the pricing tool has been running for more than a decade, and nobody sued over it until the stock hit a four-year low.

We see this as a pattern, where old programs go unquestioned while sales hold up, then draw scrutiny the second the numbers slip.

RealPage sold rent-pricing software for years before the Justice Department sued, and that complaint arrived once rents became a political problem.

A judge refused to throw this case out last week, which is the closest read that anyone has on how courts treat pooled pricing data.

Marketing leaders should rank their longest-running programs by how each would read next to a weak earnings report.

Start with anything that moves partner data, sets prices, or makes claims that customers can check.

Strong quarters hide old problems, and weak ones go looking for them.

Brands looking to build long-term value across products, services, and media can connect with these top branding agencies for strategic support.

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