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
HEMA sentenced to suspend e-commerce contribution to franchisees
HEMA is in conflict with its franchisees about the contribution to e-commerce costs. HEMA believes that the existing scheme from 1997 is outdated.
Error or deception in the conclusion of the franchise agreement
A franchisee who regrets after entering into a franchise agreement may believe that before or at the conclusion of the franchise agreement by the franchisor ...
Supermarket letter – 21
Judge: Protect franchisee against supermarket organization (Coop) as lessor
The supplier prescribed by the franchisor is not performing? What now?
The Court of Appeal of 's-Hertogenbosch ruled on 20 February 2018, ECLI:NL:GHSHE:2018:727, on the question of who must prove that the franchisee was misled when entering into the
Judge: Protect franchisee against supermarket organization (Coop) as lessor
Does the franchisee need legal protection from supermarket franchisor Coop? The District Court of Rotterdam ruled on 9 February 2018, ECLI:NL:RBROT:2018:1151, that this is the case.
Acquisition fraud vs. error in franchise forecasting
Who has to prove that the franchisor's forecast is unsound? In principle, this is the franchisee. If the franchisee invokes the Acquisition Fraud Act, it may be that