CASE COMMENTS: DISTRIBUTION – FRANCHISE – CHANGE OF CONTROL – ABUSE OF ECONOMIC DEPENDANCY

Change of control: The French Competition Authority admits the possibility for the franchisor to transfer its network (Take-away and home delivery of pizzas)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It is now a given that a franchisor is perfectly free to reorganize his network, i.e. to modify its density (Cass. com., 7 Jan. 2014, No. 12-17154, Letter distributed Feb. 2014, obs. N. Eréséo), the sign (CA Paris, 5 Feb. 2014, n° 12/18858, Letter distributed March 2014, obs. N. Eréséo) and even the concept. This modification of the concept can be carried out by the franchisor itself as part of a policy aimed at updating its know-how and distinctive signs, as the Carrefour Group recently illustrated when it changed from the "Champion" brand to the "Carrefour Market" brand (Aut. conc., Dec. No. 11-D-20, 16 Dec. 2011). It may also result from the transfer of

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Nicolas Éréséo, Change of control: The French Competition Authority admits the possibility for the franchisor to transfer its network (Take-away and home delivery of pizzas), 17 October 2018, Concurrences N° 1-2019, Art. N° 89513, pp. 103-104

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