Success Albert Heijn franchisee against takeover Deen – mr. AW Dolphijn – dated July 29, 2021
An Albert Heijn franchisee has successfully defended itself against the takeover of local competitor Deen by the franchisor.
Albert Heijn, Vomar Voordeelmarkt and DekaMarkt were allowed to take over 80 Danish supermarkets from ACM. The Deen supermarkets were divided between the three supermarket chains. A franchisee saw that the Deen supermarket in the vicinity would be converted into Albert Heijn with that division. That would mean that the franchisee would get a local competitor with the same formula in the form of an Albert Heijn branch. Despite the short deadlines, the franchisee submitted a timely and motivated opinion to ACM. ACM then ruled that consumers in the local market area had too little choice in the variety of supermarkets. As a result, the local Deen supermarket will not be converted into an Albert Heijn supermarket, but converted into Vomar Voordeelmarkt.
Franchisees can indeed successfully challenge competition from their own franchisor. Attention to these issues can lead to better protection of one’s own market area.
The decision has been published by ACM under case number: ACM/21/050672 / Document no. ACM/OUT/558116.
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl
Other messages
Agency: some outlines
In practice, questions are asked with some regularity regarding the legal nature
Rental price change
Following on from earlier published articles of my hand, I will once again deal with a tenancy law issue below.
Franchise Fees
An extremely important subject for both the franchisee and the franchisor that is invariably included in the franchise agreement concerns the franchise fees, often referred to as the term
Insured and well
Occasionally, a franchise agreement contains a clause that obliges the franchisee to take out legal expenses insurance.
Rayon protection II: limitation of the exclusive area.
As a follow-up to the contribution in the previous Newsletter, this time the (possibilities of) curtailment of the exclusive franchise area will be discussed. In most franchise agreements
Franchise Agreements and Terms and Conditions
Franchise agreements often include concise arrangements with regard to delivery and payment conditions.