ACM imposes conditions on merger Coop/Plus – mr. J. Sterk – December 23, 2021
Today, ACM announced that it would approve the merger under the condition that shops must be sold in 12 market areas, otherwise there would be too little competition in those market areas. The areas are: Harmelen, Hollandscheveld, Rolde, Ruurlo, Stolwijk, Terborg, Wehl, Groot Ammers, Wekerom, Ravenstein, Uddel and Vlieland. Businesses are also located in these areas.
Although the full decision has not yet been published, it seems to be possible to deduce from these areas that ACM has also included Plus’ participation in Spar in its considerations.
For the entrepreneurs involved, this means that solutions must be sought within a non-public period set by ACM. In the past, this has happened in a similar way, for example with the transition from C1000 to Jumbo. Which has not worked out well in all cases. Entrepreneurs involved must be assisted in this negotiation by experts, so that they can properly assess the opportunities and risks of the situation that has arisen. Now that Spar seems to be involved, it is also questionable whether there are still realistic alternatives available in some market areas? As a specialist in (supermarket) franchise and market leader, Ludwig & Van Dam has extensive experience in supervising this type of process.
For more information:
Jeroen Sterk – Sterk@ludwigvandam.nl
Alex Dolphijn – dolphijn@ludwigvandam.nl
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to sterk@ludwigvandam.nl

Other messages
The standstill period does not apply
On 17 August 2022, the District Court of Overijssel, ECLI:NL:RBOVE:2022:2385, ...
What to do against (too) substantial rent increases?
In many rental agreements, the rent is indexed annually ...
More clarity on online sales through renewed block exemption regulation for vertical agreements
As of June 1, 2022, the renewed block exemption regulation ...
Franchisor bound by its own failed dispute settlement procedure
Franchise organizations sometimes have their own dispute resolution procedure. Can ...
Goodwill Transfer: Include Google Business Profile?
What is transferred goodwill? This question can be very relevant ...
Not know-how, but fine decisive for compliance with non-compete clause
From mid-2016, franchisees regularly stated that their (former) franchisor had ...



