Representation of a competitor: The Cour de cassation rules out the application of the suppletive regime of authorization of the principal for the representation of competing companies in the presence of a clause whose terms, sufficiently broad, imply unequivocal waiver by the principal of the provisions in question (Earta / Voluma)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The representation by the commercial agent of a company competing with that of his principal during the commercial agency contract is the subject of a classic and recurrent dispute, about which a decision rendered by the Court of Cassation last quarter is worth noting (see N. Mathey, Contrats Conc. Consomm. 2021 n° 12, comm. 117). The regime applicable to commercial agency is clear in this respect. Article L. 134-3 C. com. provides a principle and an exception. The principle is that an agent may accept the representation of new principals without having to seek

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

Quotation

Anne-Cécile Martin, Representation of a competitor: The Cour de cassation rules out the application of the suppletive regime of authorization of the principal for the representation of competing companies in the presence of a clause whose terms, sufficiently broad, imply unequivocal waiver by the principal of the provisions in question (Earta / Voluma), 20 October 2021, Concurrences N° 1-2022, Art. N° 105362, pp. 107-108

Visites 150

All reviews