CASE COMMENTS: RESTRICTIVE PRACTICES - NON-COMPETITION CLAUSE – UNFAIR COMPETITION – AGGREGATION OF ACTIONS

Aggregation of actions : The French Supreme Court holds that a victim may bring both an action in contract and an unfair competition action against the same debtor if each action is based on separated facts (Global Ecopower)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. After almost 5 years in office, the co-founder of a company specializing in the production of electricity from wind energy resigns from his position as President and Chief Executive Officer. At the same time, he made a three-year contractual commitment not to compete with the company in which he had held his management position and with the companies of the group in Europe and in emerging countries in the field of wind power. The clause also included a commitment not to hire employees from the same company. Shortly after his departure, the former director set up two new companies. The company benefiting from the non-competition undertaking, in its view, is

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

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Valérie Durand, Aggregation of actions : The French Supreme Court holds that a victim may bring both an action in contract and an unfair competition action against the same debtor if each action is based on separated facts (Global Ecopower), 8 July 2014, Concurrences N° 4-2014, Art. N° 69901, pp. 161-163

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