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ITALY: Critical remarks on the investigation opened by the AGCM against Benetton for abuse of economic dependence in franchising.

ITALY, 15 February 2021
On 17 November 2020, the Italian Antitrust Authority (AGCM) opened an investigation against Benetton s.r.l. and Benetton Group s.r.l. for abuse of economic dependence in a franchising and product resale contractual relationship.

CHINA: Non-competition clause and agreement in a franchise business.

CHINA, 15 February 2021
Having non-competition terms in a franchise agreement is very common when negotiating a franchise business, however, how to draft such a clause or even inserting such provisions in an individual agreement on it could be tricky in China.

NORWAY: The definition of a commercial agent.

NORWAY, 15 February 2021
In a recent judgement from the Norwegian Appeal Court, the court ruled that the claimant – Norep AS (Norep) – was not entitled to indemnity in accordance with the Agency Act as it found that Norep did not qualify as an agent based on the definition in the Agency Act.

NETHERLANDS: Royal decree confirms effective date of 1 January 2021 for new Dutch Franchise Act.

NETHERLANDS, 18 January 2021
By royal decree of King Willem-Alexander of 25 November 2020 the new Dutch Franchise Act enters into force per the 1st of January 2021.

FINLAND: An arbitration clause in an agency contract to be assumed expressly by the buyer in a sale of a business.

FINLAND, 18 January 2021
The Finnish Supreme Court has, on 1 December 2020, issued a judgment about the binding nature of an arbitration clause in an agency agreement after the business, to which the agency related, had been sold to a new owner.

POLAND: Decision of the President of the Polish Office of Competition and Consumer Protection regarding minimum prices of Yamaha music equipment agreed between...

POLAND, 18 January 2021
Yamaha Music Europe is a producer of music equipment sold under the Yamaha , Line 6 and Steinberg brands, which is marketed, among others, on the territory of Poland.

New content now available on the IDI website!

IDI, 17 December 2020
Through our newsletter, you already receive a lot of information on international distribution law, but by becoming an IDI member, you can have a lot more!

POLAND: Statutory possibility of breaking the non-competition agreement by the principal (due to COVID-19).

POLAND, 17 December 2020
During the period of an epidemic emergency or a state of epidemic caused by SARS-Cov-2 virus in Poland, a provision is in force that allows the principal to terminate the non-competition agreement in force after the termination of the agency agreement with a short 7-day notice period (Article 15 gf of the Act on special solutions related to the prevention, counteraction and combating of COVID-19).

NEW ZEALAND: Water Babies International Limited v Williams and Others.

NEW ZEALAND, 17 December 2020
I have recently been involved in the important case of Water Babies International Limited v Williams and Others and I acted for Water Babies of the United Kingdom.