The Portuguese Supreme Court declares a non-compete clause in a franchise agreement invalid due to absence of transference of confidential information justifying protection of know-how (Montijo)

In a dispute concerning an infringement of a franchising agreement in the food services industry, including an alleged violation of a non-compete clause, the Portuguese Supreme Court reversed a ruling of the Lisbon Appeal Court, providing clarifications on its view on the validity of such clauses under competition law. The first instance court had sentenced the franchisee to pay the royalties and supplies granted before the termination of the contract, but had not awarded compensation for the breach of the non-compete clause, reason for which the franchisor appealed the

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • New University of Lisboa - Faculty of Law

Quotation

Miguel Sousa Ferro, The Portuguese Supreme Court declares a non-compete clause in a franchise agreement invalid due to absence of transference of confidential information justifying protection of know-how (Montijo), 8 October 2013, e-Competitions October 2013, Art. N° 61108

Visites 369

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues