Judge: Jumbo not obligated to sell Heineken beer after price fight
A judge has ruled that supermarket chain Jumbo is not obligated to immediately resume sales of all Heineken beers, rejecting a demand from the brewer in an expedited lawsuit over supply disruptions and failed negotiations.
The decision stems from a dispute that escalated earlier this year after Jumbo stopped purchasing certain Heineken products. The supermarket cited difficult price negotiations as the reason for reducing its Heineken stock, a move that significantly impacted the brewer’s business.
Jumbo has sold Heineken beer for decades, but the two companies reportedly never signed a long-term written agreement. Instead, they regularly negotiated one- or two-year terms and documented those conditions. According to the court, this created what is known in Dutch law as continuing agreement, which Jumbo officially terminated in early 2023. While Heineken claimed the business relationship continued unchanged after that termination, the court disagreed.
“The obligation for Jumbo to continue purchasing beer no longer exists now that the agreement has ended,” the court ruled. However, the judge did note that Jumbo’s decision to end the long-standing relationship on short notice was inappropriate. “There should have been a suitable termination period to allow Heineken to prepare for the end of the commercial relationship,” the ruling stated. The court added that, given the mutual dependency and the duration of the agreement, “an offer of compensation could be appropriate.” The ruling also clarified that the termination must still be formally settled.
The breakdown in negotiations followed Jumbo’s decision in 2023 to join Everest, a purchasing alliance aimed at strengthening its position in price talks with suppliers. The dispute with Heineken reportedly escalated in March, when Jumbo cut the number of Heineken products it stocked by half, citing high procurement costs. Heineken argued in court that the supermarket’s reduced purchases were a retaliatory move over a separate pricing conflict between Heineken France and Everest. The judge dismissed that argument as outside the scope of the current proceedings.
The Heineken case is one of several pricing conflicts between Jumbo and its suppliers in recent years. At times, the supermarket has faced empty shelves after halting sales of major brands such as Smint, Mentos, Quaker, Schwarzkopf, Witte Reus, Senseo, Milka, and Douwe Egberts.
