The Dutch District Court of Maastricht assesses compatibility of a franchise agreement with EC competition law (BBQ Franchise)

In January 2006 summary proceedings were brought before the District Court of Maastricht by a franchisee (hereafter: the claimant) against its franchisor BBQ Franchise B.V. (hereafter: BBQ). The District Court applied EC competition law to set out the limits of what can and cannot be arranged in a franchise agreement. The facts of the case are as follows. The franchisor BBQ exploits a franchise network of indoor barbeque restaurants. In December 2002 BBQ and the claimant entered into a franchise agreement for a period of five years starting as of 1 January 2003. The agreement contained provisions which obliged the claimant to purchase the barbecue meat exclusively from a supplier and use an electronic Bookkeeping System designated by BBQ. Since June 2005 the claimant did not comply

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Authors

  • The AES Corporation (Amsterdam)
  • Clifford Chance (Amsterdam)

Quotation

Ariela Stoffer, Frans Muller, The Dutch District Court of Maastricht assesses compatibility of a franchise agreement with EC competition law (BBQ Franchise), 14 February 2006, e-Competitions Bulletin February 2006, Art. N° 680

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