April 1991

Anticompetitive practices

A Luxembourg Commercial Court finds several clauses in a franchising agreement to be anticompetitive and null yet upholds the rest of the agreement (Univers du Cuir Belgique / Cuir Center Luxembourg)
Arendt & Medernach (Luxembourg)
,
NautaDutilh (Luxembourg)
The undertaking Univers du Cuir Belgique (“UCB”) has taken over the franchising agreement that Belgian Comfort Company (“BCC”) had as a franchisor with Cuir Center Luxembourg (“CCL”), franchisee. UCB noticed that CCL did not respect the non-compete obligations imposed on it by the agreement and (...)

Procedures

The EU Court of Justice holds that the concept of an undertaking encompasses every entity engaged in an economic activity regardless of the legal status of the entity and the way it is financed (Höfner / Macrotron)
European Court of Justice (Luxembourg)
Case C-41/90 Klaus Höfner and Fritz Elser v Macrotron GmbH* 1. A public employment agency engaged in the business of employment procurement may be classified as an undertaking for the purpose of applying the Community competition rules since, in the context of competition law, that (...)

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