ALERT: DISTRIBUTION – NON-COMPETITION CLAUSE – LIABILITY (PERSONAL)

Violation of a non-competition clause: The French Supreme Court rules that the violation of a non-competition clause does not constitute tortious fault against a third party (Dartess / Bernard M. grands vignobles du Sud)

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This article was first published in the Lettre de la distribution published by the Centre du Droit de l’Entreprise of the University of Montpellier.

Facts. The subsidiary of a group of companies operating in the storage and logistics sector took over the assets of a competitor company as part of a plan to sell the business. The takeover was accompanied by the conclusion of an agreement between the transferee's parent company and the transferor company, stipulating a non-competition clause which prohibited the latter's manager, Mr X, from providing wine logistics services within a 300 kilometre radius during the term of the agreement and for five years after its termination. In the context of this transfer, the group's subsidiary took over a contract concluded between the transferor and a company specialising in the purchase and distribution of wine with a view to providing storage and logistics services for a period of three

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  • University of Toulouse

Quotation

Lucas Bettoni, Violation of a non-competition clause: The French Supreme Court rules that the violation of a non-competition clause does not constitute tortious fault against a third party (Dartess / Bernard M. grands vignobles du Sud), 14 April 2021, Concurrences N° 4-2021, Art. N° 101730, www.concurrences.com

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