CASE COMMENTS: DISTRIBUTION - COMMERCIAL AGENCY – NON-COMPETITION CLAUSE – NULL AND VOID

Non-competition clause: The Nancy Court of Appeal declares null and void a non-competition clause which was too large in its geographical extent and did not contain any financial contribution for the benefit of the commercial agent (CP Conseil / M.V.)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CA Nancy, January 7, 2014, RG no. 14/0003, CP Conseil c/ M. V. The obligation for commercial agents not to compete with their principals (art. L. 134-3 C. com.) ceases in principle at the termination of their relationship. The principal then runs the risk that the agent will continue to prospect for customers in the name and on behalf of another principal, or even in his own name and on his own account. It is therefore in order to protect the principal from intervention by the agent beyond the end of the relationship that Article L. 134-14 of the Commercial Code authorises the stipulation of a post-contractual non-competition clause. Such a commitment -

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Dominique Ferré, Non-competition clause: The Nancy Court of Appeal declares null and void a non-competition clause which was too large in its geographical extent and did not contain any financial contribution for the benefit of the commercial agent (CP Conseil / M.V.) , 7 January 2014, Concurrences N° 2-2014, Art. N° 65863, pp. 110-111

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