PORTUGAL: Goodwill Compensation in Franchising Contracts.

PORTUGAL, 15 October 2019
In Portugal, the possibility of seeking goodwill compensation in relation to franchising contracts remains controversial. This note summarises generally the framework as well as highlighting some recent court cases in Portugal which although not binding are persuasive.

INDIA: Supreme Court of India’s decision on stamp duty on underlying contract for a valid arbitration clause.

INDIA, 15 October 2019
The Arbitration and Conciliation Act, 1996 (“the Act”) is the regulation relating to arbitration law in India.

POLAND: Regarding that price is permissible or prohibited does not depend on how it is determined, but on whether the supplier gave the distributor possibility...

POLAND, 15 October 2019
The Court of Appeal in Warsaw in the judgment of 10 January 2018 upheld the decision of the President of the Office of Competition and Consumer Protection concerning imposition of fixed prices by the franchisor.

EU: The Nike decision of the EU Commission on competition law.

EU, 16 September 2019
The EU Commission’s decision of March 25, 2019 which fined Nike for 12.5 million Euros for violation of Article 101 TFEU and Article 53 EEA Agreement, was finally published on June 21, 2019.

UK: Good Faith in the UK.

UK, 16 September 2019
The judgment in Alan Bates v Post Office Limited was handed down in the High Court on 15 March 2019 as part of the extensive litigation bought by a significant group of sub-postmasters against the United Kingdom Post Office.

PAKISTAN: Pakistan High Court rejects the claim of exclusive agent for specific performance.

PAKISTAN, 16 September 2019
The claimant was acting as an exclusive distributor of OTIS Elevator Company in Pakistan for marketing, furnishing, installing and serving OTIS Elevators and Escalators for nearly 27 years.

SPAIN: The Spanish Law on Trade secrets.

SPAIN, 16 September 2019
On June 2016, EU Directive 943/2016, on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure was published, giving a 2 years term to Member States to adapt its domestic regulations.

SWITZERLAND: The proof of damages in case of a premature termination of a distribution agreement: new guidelines by the Swiss Supreme Court.

SWITZERLAND, 15 July 2019
On 3 January 2018, the Swiss Supreme Court rendered a new judgment related to the termination of an exclusive distribution agreement (judgment 4A_27/2018).

SPAIN: Distribution Contracts. Goodwill compensation: not enough to be “fair”: it is necessary an objective module for its calculation.

SPAIN, 15 July 2019
In a judgment of the Supreme Court (Judgment 712/2018 of December 19), it has been stated that the goodwill compensation (clientele) in distribution agreements cannot be granted only based in a generic “justice” or “fairness” criteria without any objective module for its calculation.