A Dutch Court decides, in an interlocutory proceeding, that the nullity of a price-fixing clause brings along the nullity of the franchise agreement as a whole, including its non-compete clause (Make It Easy)

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Reference

Court of First Instance of the Hague (Rechtbank ?s-Gravenhage), Make It Easy Gelderland V.O.F. e.a. v. Make It Easy B.V. and Make It Easy Reality B.V., Case KG 06/1549 LJN: AY9545, 19 February 2007 (German)

Several franchise agreements were concluded between Make It Easy B.V. and Make It Easy Reality B.V. (hereafter the franchisers) on the one hand, and Make it Easy Gelderland V.O.F as well as other undertakings (hereafter the franchisees), on the other. According to these franchise agreements, the franchisees were entitled to carry out certain aural treatments intended to help people to quit smoking under the names “Make It Easy” and “Make It Easy

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Authors

  • European Commission - DG COMP (Brussels)
    Belgium 46 contributions 199069 visits
  • European Court of Justice (Luxembourg)
    Luxembourg 23 contributions 87153 visits

Quotation

Tristan Baumé, Sally Janssen, A Dutch Court decides, in an interlocutory proceeding, that the nullity of a price-fixing clause brings along the nullity of the franchise agreement as a whole, including its non-compete clause (Make It Easy), 19 February 2007, e-Competitions February 2007, Art. N° 13332

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