Ludwig & Van Dam in Distrifood about the future of independent supermarket entrepreneurs
However, many retailers are now at a loss due to ever-increasing costs and tight margins. However, that story has much less impact. The economic misery also means that many retailers have doubts about continuing. “You see that the model of the stores is under pressure at every supermarket chain,” says Alex Dolphijn of Ludwig & Van Dam Advocaten to Distrifood. Dolphijn guides many supermarket entrepreneurs with legal matters and sees entrepreneurs struggling. ‘What you see is that the average age of entrepreneurs is quite high, while business succession within the family is not always obvious. At the same time, there are difficult market conditions. Entrepreneurs have to work hard and then they ask themselves: Do I still feel like doing this?’ Read the whole article here.
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl
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Developments in competition law
Some time ago, the Netherlands Competition Authority (NMa) made a groundbreaking ruling that is of great importance to all franchise organizations in the Netherlands.
Transfer Arrangements
Franchise agreements usually include transfer arrangements
The right to the formula name upon termination of the franchise relationship
In practice, discussions regularly occur when the franchise relationship is terminated between a franchisor and one or more franchisees
The possibility of actively or not actively recruiting customers outside
Based on the relevant regulations, active recruitment activities by the franchisee are permitted
Customers, clientele and exceptions thereto
Some franchise constructions have the characteristic that the products or services in question are only supplied to certain consumers.
Intellectual property rights
In general, the nature of a franchise relationship implies that, on the basis of a franchise agreement