Supermarket Newsletter – No. 34 –
ACM PUBLISHES COOP/PLUS MERGER DECISION
In the supermarket newsletter of December 22, 2021 we informed you that ACM had announced that it approved the merger of Coop and Plus on the condition that supermarkets must be sold in 12 market areas, namely the shops in Harmelen, Hollandscheveld, Rolde, Ruurlo, Stolwijk, Terborg, Wehl, Groot -Ammers, Wekerom, Ravenstein, Uddel and Vlieland. Seven of these supermarkets are operated by franchisees.
On January 6, ACM published its full decision , in which it explains why it has approved the merger. It is remarkable that ACM considers that online sales have increased, but that it still believes that these sales should not be included in its assessment. In this context, ACM points out that no provider has a full national network and that Plus and Coop have a limited market share (8%) in the online market in relation to, for example, Albert Heijn (50%) and Picnic and Jumbo (20%). .
In its decision, ACM also considers that the viability, marketability and competitiveness of the 12 supermarkets to be divested would be sufficiently safeguarded in the remedy proposal of Coop en Plus that ACM accepted.
This would appear, among other things, from the obligations of Coop and Plus contained therein, which – in short – amount to the fact that they must do everything they can to ensure that the supermarkets to be transferred retain their value and remain viable and competitive. An independent trustee is appointed to oversee the above. In the event that the parties fail to sell the supermarkets within the set (undisclosed) timeframes, a sales trustee will be appointed and authorized to transfer the supermarkets.
It is definitely recommended that the entrepreneurs involved seek the assistance of experts, so that they can properly assess the opportunities and risks of the above process. The decision may also offer opportunities for entrepreneurs of other formats to expand.
As a specialist in (supermarket) franchise and market leader, Ludwig & Van Dam has ample
experience in guiding such projects.
For more information:
Jeroen Strong Alex Dolphin
Email: Sterk@ludwigvandam.nl Email: dolphijn@ludwigvandam.nl
Do you want to respond? Then email to info@ludwigvandamadvocaten.nl
Other messages
On the edge of a franchisee’s exclusive territory
The Court of Appeal of Arnhem-Leeuwarden ruled on 15 May 2018, ECLI:NL:GHARL:2018:4395, on the question whether a franchisor has a branch just over the edge of the exclusively granted protection area.
Can a franchisee cohabit with a competing entrepreneur?
Can a franchisee violate a non-compete clause by cohabiting with someone who runs a competing business? On January 12, 2018, the District Court of Central Netherlands ruled
Not an exclusive catchment area, but still exclusivity for the franchisee
The judgment of the District Court of Noord-Holland dated 18 April 2018, ECLI:NL:RBNHO:2018:3268, ruled on the exclusivity area of a franchisee.
Supermarket letter – 23
AH may not reduce wages when taking over personnel from AH franchisees;
Termination or dissolution of the franchise agreement by the franchisee
In principle, franchise agreements can be terminated prematurely, for example by cancellation or dissolution. On 21 March 2018, the District Court of Overijssel ruled on ECLI:NL:RBOVE:2018:1335 on
Article in Entrance: “Sending mailings”
“Can I make a file of guests' email addresses because I occasionally want to inform them online about events, promotions and new dishes?”