Comparative advertising in the supermarket sector
Court of Amsterdam
The court of Amsterdam recently ruled on comparative advertising in the supermarket sector. Dirk van den Broek presented himself in advertisements by stating that it would be 20% cheaper than Albert Heijn. There is regular competition in the sector on price, both by supermarket organizations themselves and by franchisees in the supermarket sector against their direct competitors in the area. However, it is often overlooked that comparative advertising is legally subject to very strict rules. Products should therefore not simply be compared with each other. Sizes, weights, qualities and composition must be exactly the same in order to be able to apply a proper comparison. As a rule, this means that only A-brands can be compared and the comparison of the so-called house brands often ends up with deviations in composition, quantity, quality of packaging, et cetera. In that case, the court is obliged to apply the law, which also happened in the case that Albert Heijn brought against Dirk van den Broek. The claim for rectification was therefore granted by the court. The foregoing shows that comparative advertising is indeed permitted, but it goes without saying that no apples can be compared with oranges. All this is quite strict and must meet strict legal requirements.
Mr J. Sterk – Franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice Would you like to respond? Mail to strong @ludwigvandam.nl
Other messages
Article Franchise+ – “Recipient’s liability in a franchise context, what exactly is that about?” – mr. K. Bastiaans – dated November 24, 2020
The phenomenon of hirer's liability means that a third party can be held liable for the debts of another under certain conditions.
Franchisor liable for errors made by a franchisee? – mr. AW Dolphijn – dated November 23, 2020
A franchise organization asked the court to declare that the franchisor is not liable if a franchisee has made a serious mistake with a customer.
The Real Intentions of the Parties to a Franchise Agreement – Mr. C. Damen – dated November 23, 2020
What really was the idea of the parties when they concluded a franchise agreement?
Circumventing the prohibition of competition in the franchise agreement – mr. AW Dolphijn – dated November 10, 2020
A non-competition clause in a franchise agreement is often experienced as objectionable by franchisees, especially if the non-competition clause also applies after the franchise agreement has expired.
Article Franchise+ – “How do I get rid of my debts: Also for franchisees and franchisors” – mr. AW Dolphijn – dated October 20, 2020
A reorganization may also be necessary for franchisees and franchisors who are in financial difficulties in order to continue to exist.
Article De Nationale Franchise Gids: “Reinvestment obligation for franchisees has limits” – dated October 13, 2020 – mr. RCWL Albers
In practice, it often happens that franchisors choose to renew their franchise formula and the appropriate image