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 Franchise Association and Franchise Binding – Contracting 2019, No. 1
A contribution on common provisions in franchise agreements that require a franchisee to be a member of a franchisee's association.
Deception in recruiting a franchisee?
A ruling on whether the franchisor had made a misrepresentation when recruiting a franchisee.
Franchisor liable for forecasts from third parties – dated March 6, 2019 – mr. M. Munnik
According to settled case law, a franchisor acts unlawfully towards its franchisee when a franchisor independently conducts research in a careless manner and as a result...
The (hard) franchise agreement and duty of care qualified – WPNR 7226 (2019)
The government intends to include a legal regulation on franchising in the Civil Code to protect the weak position of the franchisee.
The municipality must allow temporary Albert Heijn
On 7 February 2019, the District Court of Noord-Holland ruled on whether the municipality should allow a temporary Albert Heijn
Franchisors may no longer impose changes to store hours – February 12, 2019 – mr. AW Dolphin
At the end of 2018, a draft of the “Freedom of Choice for Retailers (Opening Hours) Act” was presented.





