Dealing with canvassing of your distributors by a competitor

You notice that one or more of your distributors join a competing network, either before the end of their fixed-term contract, or after but in violation of a non-compete clause.

Your competitor may be a third party complicit in this rallying that disregards your rights. As such, it may be jointly and severally ordered to pay the damages that will result for your former distributor from the violation of its distribution contract.

They may also assume specific liability for unfair competition if they canvassed your distributors to win them over.

You must know and then act to protect your network from new departures that would weaken it, and assert the binding force of your distribution contract.

Canvassing the distributors of the network by a competitor: our method

To find out, it is often necessary to initiate a judicial investigative measure based on Article 145 of the Code of Civil Procedure, jointly with your former distributor and the sign he joined.

It provides access to letters, exchanges, presentations and preparatory acts for rallying.

It is then possible to issue a summons on the one hand against your former distributor, and on the other hand against the relevant brand.