Supermarkets COOP and PLUS merge
The intended merger will mean that the COOP supermarkets will be converted to the PLUS formula. In that case, the supermarket entrepreneurs of COOP will become members of the cooperative of PLUS.
The proposed merger is subject to various approvals, including the following:
- the Netherlands Authority for Consumers and Markets (ACM);
- the Council of Members of COOP;
- the General Assembly of PLUS.
It is by no means certain in advance that these required approvals will be obtained without further ado. PLUS and COOP seem to expect few problems here and indicate that they will have completed the transaction in early 2022.
For the individual entrepreneurs of COOP and PLUS, the proposed change will have a major impact on their operations.
- existing PLUS entrepreneurs may see a competitor appear under the same formula in their market area;
- existing COOP entrepreneurs will have to convert the store, with all the associated costs and divestments.
In the meantime, numerous supermarket formulas have been taken over and “swallowed up”. These include Edah, Super de Boer, C1000, Emté and more recently DEEN. In each of those processes there were supermarket entrepreneurs who successfully resisted the transformation. Ludwig & Van Dam successfully assisted supermarket entrepreneurs.
- See the successful resistance of an Emté entrepreneur who was forced to convert to COOP, but preferred to convert to PLUS: https://bit.ly/3jNrh8V
- See also the successful resistance of an Albert Heijn entrepreneur against the conversion of a DEEN to the Albert Heijn formula: https://bit.ly/38KaVHY
Transition processes in supermarket formulas are complicated processes that can turn out very differently per supermarket entrepreneur and per market area. The legal merits are complex and often subject to short deadlines and with far-reaching consequences. Expert legal assistance to supermarket entrepreneurs is an absolute must here.
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl

Other messages
Interests Association of Franchisees of the Netherlands (BVFN) is in further consultation with the Minister
On April 16, 2014, the previously announced meeting between the Belangen Vereniging Franchisenemers Nederland (BVFN) and the Ministry of Economic Affairs took place.
Exoneration of duty of care with the franchisor’s prognosis
In a judgment of the Overijssel court of 9 April 2014, the interesting question arose whether a collaboration should be qualified as a franchise.
Non-competition clause is lost in summary proceedings
Recently, the preliminary relief judge in Rotterdam ruled that a franchisee was not bound by the non-competition clause included in the franchise agreement.
Advance on compensation after an unsound prognosis
In a beautifully substantiated summary judgment of the Northern Netherlands Court of 9 April 2014, the question was whether an advance should be paid for the damage assessment procedure.
Collection point requires shopping destination
In my supermarket newsletter of July 11, 2013, I already predicted that the establishment of collection points for goods ordered via the internet would set the judicial pens in motion.
Developments and sales via the internet.
Developments and sales via the internet.