Albert Heijn has to divest 5 Jan Linders stores
Jan Linders becomes an Albert Heijn franchisee and will therefore also carry the blue formula. Albert Heijn also sells ten of its own stores to Jan Linders, who continues these stores as a franchisee with the Albert Heijn formula.
Because various Jan Linders stores are being converted to the Albert Heijn formula, the Albert Heijn formula may become too dominant at some locations. The consumer then has insufficient options to choose between different formulas in view of their actual travel movements. There must be sufficient choice for the consumer and therefore competition between formulas.
With regard to five Jan Linders stores, namely in Beek, Heerlen, Herten, Roggel and Swalmen, there would be too little choice for consumers and competition between formulas if they were to operate under the Albert Heijn formula. Albert Heijn and Jan Linders have therefore agreed to sell the relevant stores to a competitor at the request of ACM. In addition, both Albert Heijn and Jan Linders have committed not to operate these stores for the next ten years. It looks like the store in question will be sold to Jumbo.
It will be good news for Albert Heijn franchisees in the vicinity of the five Jan Linders stores that there will not be another “blue store” in their market area. They will probably have to compete with Jumbo.
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl

Other messages
The Bankrupt Franchisor: A Sequel
Some contributions back wrote my office mate mr. J. Strong what is necessary about the situation when a franchisor goes bankrupt
How far does the non-competition clause extend?
The Supreme Court recently issued a judgment regarding a non-competition clause in a franchise relationship.
Prognosis problems: sound location research?
Recently, the Court of Appeal in Arnhem has ruled in a case concerning soundness
New developments in forecasting problems
New developments in forecasting problems
Food Retail Day 2010
Food Retail Day 2010
Supreme Court confirms permit sale of franchisee outside exclusive district
Franchisee acquires and sells outside its territory, in territories not yet issued to other franchisees.