Jumbo cannot be forced to put Heineken beers on its shelves, a Dutch judge ruled yesterday. However, the brewer may be able to claim damages.
Everest membership “changes relationship”
A fortnight ago, Heineken filed summary proceedings to end a boycott that had started in March. The supermarket chain had stopped its beer orders because of “bizarrely high” price differences with countries such as Germany and France.
Although the two companies have had a trading relationship with each other for more than sixty years, Jumbo is not obliged to continue buying Heineken’s beers, a local court ruled yesterday. The court points out the long-term agreement between Heineken and Jumbo came to an end on 31 January 2024, after the retailer joined purchasing alliance Everest. Since then, the brewer has had to negotiate with Everest, not Jumbo.
“Inappropriately” short notice period
However, Jumbo did terminate the the 60-year relationship with such short notice that the judge found it “inappropriate”. Still, he said he could not take a concrete notice period into account, as Heineken did not mention it in its claim. Still, the brewery group may be able to claim notice.
Heineken finds the rejection “unsatisfactory” and will study the ruling, Jumbo is yet to respond. Trade disputes in the context of price negotiations are no exception in food retail, but for them to lead to a lawsuit is unprecedented.
