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Paradox Interactive Suing SouthPeak Over Distribution Deal, Insolvency Concerns

Posted March 19, 2010 by James Brightman

IndustryGamers today obtained a court filing detailing Paradox Interactive's lawsuit against SouthPeak Interactive. The suit, filed on March 8, indicates that a distribution agreement between the two companies, which saw SouthPeak act as a non-exclusive distributor of Paradox titles in North America, has gone awry. Ultimately, Paradox claims that SouthPeak has failed to make its payments and concerns over SouthPeak's "insolvency" are making matters worse. Paradox believes that SouthPeak owes the company "at least" $585,382.31.

"SouthPeak has failed to comply with its payment obligations even for game units which it previously reported to Paradox, and SouthPeak's executives have informed Paradox's executives that SouthPeak is currently financially unable to satisfy its payment obligations to Paradox under the Agreement," the filing stated. 

With the payments not coming through, Paradox terminated the distribution agreement with SouthPeak on February 22 of this year. Then, in response to the termination notice, Paradox said that SouthPeak Chairman Terry Phillips "threatened that SouthPeak would insist that its retailers return any unsold inventory of Paradox games that were previously distributed."  Paradox said that "there is no rational business reason for requesting such returns; it is contrary to the provisions in the Agreement for post-termination handling of product." Furthermore, Paradox said the company would be "irreparably harmed" by SouthPeak's request to retailers to return the unsold games. 

Paradox is now looking for an injunction against SouthPeak to prevent them from getting games returned, and Paradox also is looking for a receiver to be appointed to collect the money that it believes SouthPeak owes the company. 

SouthPeak's business has been in rough shape of late. The company lost $2.6 million over the holiday period and admitted that its ability to continue business is a "going concern." That said, more recently SouthPeak was able to extend its credit line, so we'll see what the future holds for the beleaguered publisher. 

James Brightman has been covering the games industry since 2003 and has been an avid gamer ever since the days of Atari and Intellivision. He was previously the EIC of GameDaily Biz.

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