Jumbo cannot be obliged to buy all their beer at Heineken immediately. That is what the judge in Den Bosch judges Thursday. The judge believes that Jumbo has every right to look out at another beer supplier, and does not have to adhere to old agreements with Heineken. Heineken could still demand compensation, because according to the court, Jumbo suddenly caught the contract.
The beer brewer had started a lawsuit against the Veghel supermarket chain because Jumbo orders much less Heineken beer than before. Jumbo believes that Heineken asks too much money for their beer and wants to keep the prices for the customers as low as possible. For that reason, the supermarket temporarily ordered fewer products from Heineken.
That ensures empty spots on the shelves. This includes beer from Amstel, Birra Moretti and Desperados, of which Heineken is the owner. According to Heineken, Jumbo did not comply with the agreements. The lawsuit is part of a joint action by purchasing organization Everest, which is also negotiating for Edeka (Germany) and Auchan (France).
Exceptional
A prize war does not often lead to a lawsuit. “Such summary proceedings as at Heineken and Jumbo is really exceptional,” said Assistant Professor of Marketing at Radboud University Marleen Hermans to the NOS. “I have seen a lot of conflicts, but this surprises me.” According to professor of Retail Laurens Sloot, it has been ‘real hommeles’ since the purchasing organizations have the negotiation interviews. “As a supermarket you naturally have more power if you connect with something that also includes other large chains.”
Purchasing organizations such as Everest try to obtain the same price of the same products for different countries. Sloot: “They compare prices between different countries, and then prefer the lowest price for everyone. And they combine that with the principle ‘one for all, all for one’. If there is no deal, for no one. And that is whatever happens here between Everest and Heineken.” And that quickly causes conflicts.