CASE COMMENTS : DISTRIBUTION – FRANCHISING – NON REAFFILIATION AGREEMENT – FOOD DISTRIBUTION – ANTITRUST AGREEMENT (YES) – DE MINIMIS

Franchising: The Paris Court of Appeal rules that a non reaffiliation clause in a franchise contract between a mass retail distribution brand and a supermarket outlet is null and void on the ground of anticompetitive practices (Prodim et Champion/Segurel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CA Paris, 6 March 2013, Prodim and Supermarket France Champion v/ Etablissements Segurel, RG 09/16817 The commitment of non-reaffiliation, and a fortiori of non-competition with post-contractual effect, on the part of distributors, should, if not disappear, at least be strictly limited in distribution agreements, particularly in the food trade sector. In a dispute between a franchisor and the supplier of one of its former franchisees who had undertaken "not to use directly or indirectly, personally or through an intermediary, in partnership or otherwise, for a period of three years from the date of termination of this agreement, a sign of national or

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  • University of Montpellier

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Didier Ferrier, Franchising: The Paris Court of Appeal rules that a non reaffiliation clause in a franchise contract between a mass retail distribution brand and a supermarket outlet is null and void on the ground of anticompetitive practices (Prodim et Champion/Segurel), May 2013, Concurrences N° 2-2013, Art. N° 52364, p. 92

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