CASE COMMENTS: DISTRIBUTION – FRANCE – FRANCHISE – NETWORK – NON-COMPETE OBLIGATION

Franchise: The Paris Court of Appeal clarifies the concept of distribution network to appreciate the scope of a non-competition clause stipulated in a franchise agreement (International Esthetique / Vogazur, Cleha Beauté)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The term distribution "network", although common in practice and present in certain provisions (not. com. C., art. L. 146-1; art. L. 330-3 and L. 341-1), is not the subject of any legal definition. The concept remains delicate to grasp, even though it presents real practical issues, particularly when it comes to assessing the liability of the network promoter (does the network constitute a legal entity distinct from that of its members? For a negative answer, Cass. com. 14 February 2018, No. 16-24619, Concurrences No. 2-2018, p. 97, note by A.-C. Martin.) or the scope of reclassification for the employee of an affiliated distributor (does the network

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Nicolas Ferrier, Franchise: The Paris Court of Appeal clarifies the concept of distribution network to appreciate the scope of a non-competition clause stipulated in a franchise agreement (International Esthetique / Vogazur, Cleha Beauté), 23 January 2019, Concurrences N° 2-2019, Art. N° 90254, pp. 93-95

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