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
Price maintenance always leads to nullity?
Under competition law, it is not permitted to include so-called resale price maintenance in franchise agreements
Again turnover-related rent
In an earlier contribution to First Formula (November 10, 2006) about turnover related issues, I asked the question whether unilateral change
Turnover and result: the principle of prudence
In various countries in the world, franchising is subject to increasingly stringent regulations.
How is the (sub)lease agreement concluded?
As is well known, tenancy law is largely subject to (semi) mandatory law.
Advantages and disadvantages of the turnover-related rent
A commonly used construction in franchise relationships is where the franchisee owns the premises in which he operates his business
Recent jurisprudence
Discussion deserves a recent ruling by the Court in preliminary relief proceedings.