CASE COMMENTS: DISTRIBUTION - FRANCE - NON-COMPETITION OBLIGATION - FRANCHISE AGREEMENT

Non-competition obligation: The Agen Court of Appeal recalls the freedom of principle of the franchisor to develop a brand competing with the one already in place (Starter 84 / Cycom International)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A franchise agreement for the operation, under the name "Moto-Bis", of an outlet specialising in motorcycle equipment was concluded between CYCOM ["the franchisor"] and Starter 84 ["the franchisee"]. Reproaching the franchisor for having, on the occasion of the takeover of the competing network "Moto expert", abandoned its "Moto bis" sign in favour of the latter, the franchisee informed the franchisor in March 2016 that it was taking note of this breach and consequently ceased to pay the royalties and rents due under the contract. The franchisee was sued by the franchisor for payment and sought damages as a counterclaim for the loss suffered as a result of

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Nicolas Ferrier, Non-competition obligation: The Agen Court of Appeal recalls the freedom of principle of the franchisor to develop a brand competing with the one already in place (Starter 84 / Cycom International) , 14 June 2021, Concurrences N° 4-2021, Art. N° 103393, pp. 87 - 88

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