More content to inform you
Réseaux de distribution, Concurrence
The notion of vertical and horizontal cartels in competition law
Ensuring healthy competition: Competition law, via Article 101 TFEU, prohibits anti-competitive cartels. Horizontal or vertical, these coordinations are strictly regulated, with specific exemption regimes. Let's break it down
Réseaux de distribution, Concurrence
Deductible: substantial know-how and obligation to provide assistance
The Dijon Court of Appeal refined the definition of substantial know-how, holding that the combination of public elements may be sufficient to confer a competitive advantage. The decision also delineates the franchisor's obligation to provide assistance and recalls the franchisee's duty of initiative.
Réseaux de distribution, Concurrence
Trade secret: proof of the risk of publication of essential elements of the commercial position
By the present judgment of 22 May 2025, the Paris Court of Appeal came to rule on the rebuttable nature of the presumption of non-confidentiality of information of more than five years.
Réseaux de distribution, Concurrence
Sales Agent: an original indemnity calculation
The Court of Appeal of Rennes recalls the principle of nullity of the limitation clauses of the compensation due to a commercial agent but uses an original approach for the calculation of the compensation
Réseaux de distribution, Concurrence
The regime of penalties for contractual non-performance
The Court of Cassation provided details on the application of the rules of the Civil Code governing contractual non-performance.
Réseaux de distribution, Concurrence
Anti-Competitive Practices and Jurisdiction
The Paris Court of Appeal has sole jurisdiction to hear disputes relating to restrictive competition practices and anti-competitive practices.
Réseaux de distribution, Concurrence
Serious fault of the commercial agent discovered after the termination and compensation
The Court of Cassation confirms that only serious misconduct directly causing the breach of contract can deprive a commercial agent of his compensation. Increased protection for agents, but more complex management for principals.
Réseaux de distribution, Concurrence
Restrictive competition practices and international public policy
Does the law of restrictive practices belong to international public policy or not?
Réseaux de distribution, Concurrence
Calculation of the commercial agent's allowance
There is no need, for the purposes of assessing the termination indemnity of the commercial agent, to take into account circumstances subsequent to the termination of the contract, such as the conclusion by the agent of a new contract with a view to prospecting the same clientele for another principal.
