CASE COMMENT : RESTRICTIVE PRACTICES – UNFAIR PRACTICES - MISUSE OF CUSTOMERS - CONDITIONS OF PUNISHMENT - PROOF OF THE FAULT

Misuse of customers: The Cour de cassation considers that there is no condemnation on the basis of customer poaching when there is no evidence that a former employee of a company working on behalf of a second has used unfair methods to establish business relationships with customers and suppliers (Inabata France/Prosyntis)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The ruling handed down by the Commercial Chamber of the Court of Cassation on July 9, 2013 maintains the strict evidentiary requirements with regard to proof of fault in the matter of customer diversion. In this case, the former employee of a company, who had been dismissed for serious misconduct and whose employment contract included a confidentiality clause, had set up a company with an activity identical to that of his former employer, which was

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