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
![223carts-one-min](https://www.ludwigvandam.nl/wp-content/uploads/2020/12/223carts-one-min.jpg)
Other messages
Reasonable term for terminating the continuing performance contract
Reasonable term for terminating the continuing performance contract
The importance of interest in a non-compete clause
The importance of “interest” in a non-compete clause
Bonuses that are not in the franchise agreement
The Court of Appeal in The Hague On 31 March 2015, a dispute was submitted between a franchisee and franchisor about the settlement after termination of the franchise agreement with regard to bonuses.
The scope of an exclusive purchase clause in a franchise agreement
The scope of an exclusive purchase clause in a franchise agreement
Franchise agreement negotiations broken off
Franchise agreement negotiations broken off
New legal journal about franchise: Franchise & Law information source
The content of Franchise & Law is provided by a network of leading attorneys with specialist knowledge in the field of franchise.