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
Judge anticipates Franchise Act: no mandatory formula change (without threshold value)
The District Court of Amsterdam ruled that a Blokker franchisee is not obliged to renovate the store in accordance with the latest formula principles, as instructed by Blokker.
Interview Mr. J. Sterk and mr. C. Rutten in Franchise+: “Call to the automotive sector: prepare yourself well for the new Franchise Act” dated October 2, 2020
The new Franchise Act has a broad effect, also in the automotive sector. But are people aware of it enough?
Article The National Franchise Guide – “Corona discount of 50% on the rent” – mr. AW Dolphijn – dated September 15, 2020
Disappointing turnover due to the corona crisis may mean that the rent is halved, even if the rent is partly turnover-related.
Article Franchise+ – “Franchisor uses “derivative formula” (without his knowledge)” – mr. AW Dolphijn – dated September 9, 2020
Many franchisors will not be aware of the fact that they use a "derived formula" as referred to in the Franchise Act.
Article Franchise+ – “Obligations and rights of the starting franchisee” – mr. AW Dolphijn – dd
What should you pay attention to as a starting franchisee, what are your obligations and what are your rights when concluding the franchise agreement?
Article Mr. C. Damen – Three conditions for the right to customer compensation for the agent upon termination of the agency agreement – dated August 26, 2020
In the agency relationship between an agent and a client (the principal), the parties record their cooperation agreements in an agency agreement. When the principal enters into the agency agreement