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DENMARK: Kickback System in distribution agreements resulted in fine.

DENMARK, 14 September 17
On 6 April 2017, Olympus Danmark A/S ("Olympus Denmark") accepted to pay a fine of approx. EUR 500,000 for violation of the prohibition against anti-competitive agreements of the Danish Competition Act. Olympus had applied a so-called kickback system to determine the distributors' net purchase price, which could result in binding resale prices. The fine was fixed according to the new stricter...

SAUDI ARABIA: Draft Franchise law 2017.

SAUDI ARABIA, 14 September 17
To date, there have been no specific legal provisions concerning the contractual relationship between the franchisor and the franchisee in Saudi Arabia; the Saudi Ministry of Commerce and Investment issued a model franchise agreement, the use of which, however, has not been mandatory.

SWEDEN: The Court of Appeal rejects analogous application of the Swedish Act on Commercial Agency for indemnity claim.

SWEDEN, 14 September 17
Distribution and Commercial Agency - Court of Appeal Case T 4469-16, April 6, 2017.

E-Sector Inquiry – The Commission’s Final Report.

EU, 03 July 17
On 10 May 2017, the European Commission (Commission) published its final report on the E-commerce Sector Inquiry (Final Report), detailing key findings from the e-commerce sector inquiry.

U.S.A.: Trump administration and Republican Controlled Congress and State Legislatures Signal change in rush to find franchisors are joint employers of...

USA, 03 July 17
During the last three years, the U.S. was in the forefront of regulatory initiatives to make franchisors liable for the employment practices of their franchisees. First, the General Counsel of the National Labor Relations Board sued McDonald’s Corp. and more than 20 of its franchisees for alleged unfair labor practices that were said to have been carried out in response to “Fight for $15” minimum...

UK: Two interesting case law on franchising.

UK, 03 July 17
Armchair Answercall Limited v People in Mind Limited [2016] EWCA Civ 1039 and Rush Hair Limited v Hayley Gibson-Forbes, S.J Forbes Limited [2016] EWHC 2589 (QB)

SPAIN: Distribution Agreements - Net Margins instead of Gross Margins in goodwill indemnity.

SPAIN, 19 April 17
The Supreme Court has issued a judgement in March 1, 2017 regarding an exclusive distribution agreement with indeterminate duration.

THE NETHERLANDS: Draft Franchise Law.

NETHERLANDS, 19 April 17
On 12 April 2017 a draft franchise law has been sent by the Minister of Economic Affairs to the House of Representatives.

COLOMBIA: Tax reform and its effects over franchises.

COLOMBIA, 19 April 17
The issuance of the latest tax reform in Colombia on January 1, 2017, brought as consequence the necessary modification to the franchises' tax structure.