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
Supermarket letter – 26
Supermarket Newsletter No. 26
Link franchise agreement and rental agreement uncertain? – dated October 14, 2019 – mr K. Bastiaans
It is no exception within a franchise relationship that the parties agree that the franchise agreement and the rental agreement are inextricably linked.
Termination of franchise agreement in case of changes in leased retail space – September 27, 2019 – mr. AW Dolphin
Termination of a franchise agreement in light of a substantial change in the leased retail space.
Article De Nationale Franchisegids: “Distribution of (potential) customers prohibited?” – September 17, 2019 – mr. AW Dolphin
Within many franchise organizations, agreements are made about the recruitment of (potential) customers in a certain area.
District protection no protection against termination due to urgent own use – dated September 17, 2019 – mr. AW Dolphin
As a landlord, can the franchisor terminate the lease for urgent own use, in the sense of district protection, while this would be excluded on the basis of the franchise agreement.
Unreasonable compensation at the end of the franchise agreement – dated September 17, 2019 – mr. AW Dolphin
Some franchise agreements stipulate that the franchisee always owes the franchisor a minimum of a certain amount of costs upon termination of the franchise agreement.




