CASE COMMENTS: DISTRIBUTION - FRANCHISE - ANTICOMPETITIVE PRACTICES – KNOW-HOW

Franchise : The French Supreme Court approves of an appellate court having declared null and void non-compete obligations in the food distribution sector (Carrefour, Champion)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A franchisor wishing to protect the integrity of its network by stipulating exclusive supply or non-reaffiliation clauses must ensure that it has sufficient know-how to justify the existence of such restrictions of competition. In the food sector, network promoters often come up against this requirement, which is appreciated with increasing severity by the trial judges. Responding to the concerns expressed on several occasions by the Competition Authority (Opinion No. 10-A-26 of 7 Dec. 2010, on affiliation contracts of independent shops), the Commission has decided to issue an opinion on the subject. and Opinion 12-A-01, on the competitive situation in the

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