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
Franchisor fails by invoking a non-compete clause
Although a non-compete clause is validly formulated in a franchise agreement, a situation may arise that is so diffuse that the franchisor cannot invoke it.
Acquisitions and Franchise Interest
It will not have escaped anyone's attention, certainly in the last year it can only be concluded that the Dutch economy is once again on the rise.
Which court for a rental and franchise agreement?
Which court is competent to rule on a related rental and franchise agreement?
Interview Franchise+ – mrs. J. Sterk and AW Dolphijn – “Reversal burden of proof in forecasts honored by court”
The new Acquisition Fraud Act indeed appears to be relevant for the franchise industry, according to this article from Franchise+.
Franchisor convicted under the Acquisition Fraud Act
For the first time, a court has ruled, with reference to the Acquisition Fraud Act, that if a franchisee claims that the franchisor has presented an unsatisfactory prognosis
Agreements Related to the Franchise Agreement
On 31 October 2017, the Arnhem-Leeuwarden Court of Appeal issued similar judgments for nineteen franchisees (ECLI:NL:GHARL:2017:9453 through ECLI:NL:GHARL:2017:9472).


