CASE COMMENTS: DISTRIBUTION – NON-COMPETE CLAUSE – CONDITIONS OF VALIDITY – SCOPE 

Franchise: The Courts of Appeal of Bourges and Paris are vigilant in considering the expertise of the franchisor and scope of non-competition obligations of the franchisee (Qualité service propreté / France restauration rapide ; Ploneour loisir / Bricorama )

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Post-contractual non-competition undertakings have been seriously undermined by the Law of 6 August 2015 (c. com., art. L. 341-2) which deems them unwritten in network agreements unless they meet the conditions set by European law to protect the know-how that would have been transmitted by the network promoter (EU Regulation 330/2010, art. 5). Two decisions illustrate the vigilance of judges in their consideration of both the expertise justifying the

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  • University of Montpellier

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Didier Ferrier, Franchise: The Courts of Appeal of Bourges and Paris are vigilant in considering the expertise of the franchisor and scope of non-competition obligations of the franchisee (Qualité service propreté / France restauration rapide ; Ploneour loisir / Bricorama ), 10 September 2015, Concurrences N° 1-2016, Art. N° 77903, pp. 115-116

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