CASE COMMENTS : UNFAIR COMPETITION - PRINCIPLE OF FREEDOM OF TRADE AND INDUSTRY – SOLICITATION OF CUSTOMERS OF OTHERS – LEGALITY

Unfair competition: The Cour de cassation considers the solicitation, by a former employee, of a client of his former employer falls within the principle of free trade (Proditrans express/Mercier)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Commercial Chamber of the Court of Cassation returned to the regime of canvassing of the customers of others with regard to the law of unfair competition with its ruling handed down on 19 March 2013 concerning the situation in which the canvassing is carried out by a former employee of the company whose customers are canvassed. In that case, an employee of a transport company responsible for managing international charters for its customers was to resign and be immediately hired by a competing company. Following that recruitment, the first principal immediately noticed a fall in his turnover which he attributed to the actions of his former employee, which

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