CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE – NON-COMPETITION CLAUSE – GEOGRAPHIC SCOPE

Non-competition clause: The French Supreme Court specifies the condition of geographic scope required for the validity of a non-competition clause (Nutrisens, Bocage, Nutrisens médical / Clarelia)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Although their validity and usefulness are recognised, non-competition clauses are still met with reluctance today because of their potential for substantial infringements of fundamental freedoms such as the freedom of enterprise. For this reason, the effectiveness of non-competition clauses remains subject to the fulfilment of specific conditions of validity, including the spatial delimitation of the non-competition undertaking. However, this condition raises a specific difficulty which has much more to do with the precision of the delimitation than with its absence. This is at least what is illustrated by the decision handed down by the Commercial

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

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Valérie Durand, Non-competition clause: The French Supreme Court specifies the condition of geographic scope required for the validity of a non-competition clause (Nutrisens, Bocage, Nutrisens médical / Clarelia), 4 March 2020, Concurrences N° 3-2020, Art. N° 96171, pp. 120-121

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