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Réseaux de distribution, Concurrence

The legal risk associated with the issuance of market statements in the dip

Jean-Baptiste Gouache (Lawyer – Partner) Member of the College of Experts of the French Franchise Federation Market status is a point of legal risk for all brands that are required to issue a dip. To master it, it is first necessary to know what a market state is, before setting up the int…

Réseaux de distribution, Concurrence

Expanding a Franchise Network: Best Practices

Expanding a franchise network cannot be improvised. From concept validation to legal structuring, each step must be mastered to ensure a secure and legally compliant development.

Réseaux de distribution, Concurrence

The duty to communicate decisive information

Article 1112-1 of the Civil Code imposes a double condition: the information must not only have a direct and necessary link with the content of the contract or the quality of the parties, but also be of decisive importance for the consent of the other party.

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

Is sending the dip within the legal deadline sufficient to exclude the licensor's liability?

Under the terms of Article L.330-3 of the Commercial Code, the transmission of a pre-contractual information document, or dip, is mandatory within 20 days before the signing of the contract when a person makes available to another, a commercial name, a brand or a sign, requiring an exclusivity or quasi-exclusivity commitment for the exercise of his activity. 

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