RESTRICTIVE PRACICES : NON-COMPETITION CLAUSE - BUSINESS ASSETS - SALE – UNFAIR COMPETITION

Non-competition clause : The French Supreme Court holds that the seller of a business is free to resettle beyond the area stipulated in the non-competition clause (Mme X...)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. At the origin of the business was a simple contract for the transfer of a business by which the seller undertakes, in particular, not to relocate. The commitment not to relocate is limited both in its geographical scope and duration. Shortly after the sale, the seller relocates in strict compliance with the non-competition clause. It then chooses a business that is highly attractive to part of its former customer base. Noting a sharp decrease in its turnover leading to the resale of the business sold, the assignee summons the seller. The assignee considers that it is the victim of unfair competition and seeks an order against the assignor for compensation

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

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Valérie Durand, Non-competition clause : The French Supreme Court holds that the seller of a business is free to resettle beyond the area stipulated in the non-competition clause (Mme X...), 8 April 2014, Concurrences N° 3-2014, Art. N° 67929, pp. 122-123

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