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
Catering agreements / Beer supply agreements II
An article about catering agreements was recently published in this series of articles.
Exclusive purchase obligations.
In a judgment of the Amsterdam Court of Appeal dated 31 October 2002, which judgment was rendered in response to an appeal lodged against an earlier summary judgment
A new block exemption regulation
Most recently, on 1 October 2002, the European Commission issued a new block exemption regulation.
New policy rules for assessing (fictitious) franchising employment
Recently, the State Secretary for Finance clarified the assessment criteria for the franchisee's independence.
Rayon protection: a nuance.
Most franchise agreements include an exclusive territory for the benefit of the franchisee. The essence of that exclusivity is that neither the franchisor nor fellow franchisees
Franchising and agency
Franchise constructions can sometimes contain elements of agency.