CASE COMMENTS: DISTRIBUTION - FRANCE - PARTNERSHIP - DEFECT IN CONSENT - BREACH OF DUTY TO ASSIST - UNFAIR COMPETITION

Partnership contract: The Paris Court of Appeal confirms the distinction between a franchise agreement and a partnership agreement and orders a former partner to pay heavy indemnities to the network head (Jpamow / Vapostore)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Created in practice, the partnership contract is sometimes presented as a kind of "light" franchise (not to say at a discount). Those who promote it prefer to insist on its horizontal nature: unlike the operation of a franchise, the parties would act on an equal footing and the contract would offer more freedom by allowing each partner to adapt the concept locally. These arguments sometimes appeal to trial judges who see in the partnership contract an original figure "halfway between the franchise and the concession" (CA Aix-en-Provence, 8th ch. A, 21 June 2018, n° 16/21090 : Concurrences n° 4-2018, p. 128). This case is in that vein. In this case, the

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Nicolas Éréséo, Partnership contract: The Paris Court of Appeal confirms the distinction between a franchise agreement and a partnership agreement and orders a former partner to pay heavy indemnities to the network head (Jpamow / Vapostore), 1 September 2021, Concurrences N° 4-2021, Art. N° 103541, pp. 88 - 89

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