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Réseaux de distribution, Concurrence
The conditions for implementing the contingency
What are the conditions to be met in order to invoke the unpredictability and obtain the renegotiation or termination of a contract impacted by the evolution of the economic context? The 2016 reform of the law of obligations introduced an article on unforeseeability into the Civil Code. Thi…
Réseaux de distribution, Concurrence
Assignment of goodwill and distribution contract
The transfer of a business is not worth and does not entail the transfer of a distribution contract. In a decision of 19 October 2022, the Commercial Chamber of the Court of Cassation laid down, in a fairly conventional solution, the principle that the transfer of a business is not worth and…
Réseaux de distribution, Concurrence
Deductible - Information obligation and blocking minority
The nullity of a franchise agreement is pronounced for a lack of information from the franchisee on the existence of a blocking minority and its consequences. The Commercial Court of Caen, in a decision of 25 January 2023, declared the nullity of a participatory franchise agreement for lack …
Réseaux de distribution, Concurrence
Abuse of Dominant Position Attributed to the Network Head - Criteria
The CJEU specifies the conditions under which a head end may be sanctioned under Article 102 TFEU for acts physically committed by its distributors and rules on the competitor’s test as effective in the presence of exclusivity clauses. Referral of a question by the Italian Council of …