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.

mr. A.W. Dolphijn
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl

Other messages

Article in Entrance: “New owner”

“The catering company where I work has been taken over. The new owner now says that I no longer have to work for him, but can he refuse me as an employee?”

Directors’ liability in the settlement of a franchise agreement

Privately, can the director of a franchisee legal entity be liable to the franchisor if the franchisee legal entity wrongfully fails to provide business to the franchisor?

By Alex Dolphijn|10-04-2017|Categories: Dispute settlement, Franchise Agreements, Statements & current affairs|Tags: , |

Article in Entrance: “Rentals”

“The landlord increased the prices of the property every year, but he hasn't done this for 2 years, maybe he forgets. Can he still claim an overdue amount later?”

No valid appeal to non-compete clause in franchising

On 28 February 2017, ECLI:NL:RBGEL:2017:1469, the provisional relief judge of the District Court of Gelderland ruled on whether a franchisee could be bound by a non-compete clause.

Structurally unsound revenue forecasts from the franchisor

On 15 March 2017, the District Court of Limburg ruled in eight similar judgments (including ECLI:NL:RBLIM:2017:2344) on the franchise agreements of various franchisees of the P3 franchise formula.

Go to Top