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
Silent extension
Many franchise agreements contain provisions governing the termination and possible continuation of the existing franchise agreement.
Abuse of bankruptcy law
The right must be used for the purpose for which it was written.
Transfer of the Franchisor’s Business: A Follow-up
In previous contributions in this section, aspects of the transfer of the company have already been discussed
Market and market share
Some notable rulings have recently been made in the field of franchising and competition law
Freedom of contract in franchising
The post-contractual non-compete clause in the franchise agreement is perhaps the most discussed clause in franchising.
The hardness of a non-competition clause in bankruptcy
Most franchise agreements contain post-contract non-competition clauses