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
The burden of proof of the proportionality of a quota clause
Failure to comply with a minimum purchase clause may only engage the distributor's liability if the planned volume is proportionate and realistic. The burden of proof is on the applicant.
Réseaux de distribution, Concurrence
Resumption of commitments and circulation of the franchise contract
The Court of Appeal of Rennes delivered an enlightening judgment on crucial points of franchise contract law concerning the terms of resumption of a franchise contract by a company in formation and the validity of its transmission within the framework of a TUP of the franchisor.
Réseaux de distribution, Concurrence
Concession vs Franchise: know-how, qualification criterion
How to distinguish a concession contract from a franchise? The Paris Court of Appeal recalls the crucial role of know-how. The judgment also highlights the risk of abusive termination if the forms of formal notice, provided for in the contract, are not scrupulously respected
Réseaux de distribution, Concurrence
Exclusive distribution and exemption rules
In principle, the responsibility to protect its exclusive members from active sales in their exclusive territories, otherwise known as the "parallel obligation", rests on the head of the distribution network.
Produits, Consommation, Publicité
Franchise, where the limit of canvassing is located
The Court of Cassation delivered an interesting judgment on the scope of a territorial exclusivity clause stipulated in a franchise agreement, in the event of canvassing actions carried out by a franchisee on the exclusive territory of another franchisee in the same network.
