CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE – NON-COMPETE CLAUSE – BUSINESS – SALE

Non-compete: The French Supreme Court reiterates the need to investigate if the non competitive clause was respected by the transferor of a business (Un jour à Paris / Le Manège)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. At issue was the scope of the commitment made by the seller in the context of a non-competition obligation subscribed at the time of the sale of the business. Following the sale, the assignee - the company Un jour à Paris - noted the opening of a similar business in premises adjacent to the one sold. The business is operated by a company - the company Le manège - whose partners have certain links with the company formerly managed by the transferor. It is nothing less than a former employee of Mr X and his partner - a partner with whom he had a child and worked in the business transferred. These various findings lead the company acquiring the business to

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  • University Littoral-Cote d’Opale (Boulogne/Mer)

Quotation

Valérie Durand, Non-compete: The French Supreme Court reiterates the need to investigate if the non competitive clause was respected by the transferor of a business (Un jour à Paris / Le Manège), 11 January 2017, Concurrences N° 2-2017, Art. N° 83853, pp. 126-127

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