Non-competition clause: The French Supreme Court censures the application of a post-contractual non-competition clause in a commercial agency contract on the grounds that it does not comply with the "common law" conditions (La Vie au bord de la mer / Le Comptoir Saint Louis)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Post-contractual non-competition clause and commercial agency contract: the absorption of special law by common law ?* The termination of the commercial agency contract in principle releases the agent from his obligation of loyalty towards the principal, by allowing him to carry on a professional activity competing with that of the latter. This freedom is nevertheless recovered subject to the stipulation of a valid post-contractual non-competition clause and within the limits of fair competition. These two restrictions on the professional freedom of the former commercial agent were at issue in the judgment under comment. The company La Vie au bord de la mer,