CASE COMMENTS: DISTRIBUTION – FRANCE - FRANCHISE – ILLEGAL PAYMENT DELAYS – UNFAIR COMPETITION

Franchise: The French Supreme Court censures the trial judges for not having investigated whether the granting of illegal payment delays by the franchisor, within the franchise network, had not had the effect of unfairly advantaging its franchisees to the detriment of those of a competing network (Speed Rabbit pizza / Domino’s pizza France)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The control of the "fairness of commercial practices" is first of all ensured, between professionals, by specific provisions of the Commercial Code (Chapter II, Title IV of Book IV C. com. resulting from Order No. 2019-359 of 24 April 2019).) which penalise practices restricting competition and other unfair practices (e.g. significant imbalance, resale at a loss). With regard to consumers, it is the provisions of the consumer code that allow

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Philippe Vanni, Franchise: The French Supreme Court censures the trial judges for not having investigated whether the granting of illegal payment delays by the franchisor, within the franchise network, had not had the effect of unfairly advantaging its franchisees to the detriment of those of a competing network (Speed Rabbit pizza / Domino’s pizza France), 15 January 2020, Concurrences N° 2-2020, Art. N° 94554, pp. 102-103

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