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ITALY: The consideration of the post-contractual non-competition obligation can be excluded in agency contracts.

ITALY, 15 October 2018
In recent years, the Italian Supreme Court issued two important judgments (Cass. No. 12127/2015 and No. 13796/2017), excluding the onerousness of the post-contractual non-competition agreement of the agent.

COLOMBIA: Recent decisions refine the essential elements to differentiate the Commercial Agency from the Commercial Concession Contract.

COLOMBIA, 15 October 2018
In recent years, Colombian courts have refined the elements that differentiate a commercial agency agreement against other similar arrangements, like distribution, supply, and concession schemes.

AUSTRALIA: Update - Report on Senate Franchising Code of Conduct inquiry.

AUSTRALIA, 15 October 2018
This is an update to our April 2018 Article published on the IDI April newsletter on the Senate Franchising Code of Conduct inquiry.

U.S.A.: Franchise Anti-poaching Agreements Under Attack in U.S.

USA, 17 September 2018
For more than 40 years, many franchisors have used provisions in their franchise agreements that prohibit franchisees from recruiting or hiring employees of other franchisees of the franchisor or of the franchisor itself.

UK: Colin Ali, Melanie Davis, Owain Golding, Ian Mcgreavy v Abbeyfield VE Limited [2018] EWHC 669 (Ch), 2018 WL 01509193.

UK, 17 September 2018
Four ex Vision Express optician franchisees brought proceedings against Vision Express claiming that they had been induced to enter into their franchise agreements (which, in the case of Vision Express, take the form of joint venture agreements) on the basis of incorrect information provided to them by a Vision Express employee.

ARGENTINA: Extension of bankruptcy of franchisor to franchisees.

ARGENTINA, 17 September 2018
In march of this year the Argentine Commercial Court of Appeals extended the effects of a bankruptcy to franchisees based on the evidence that there existe patrimonial confusion of the involved companies to the detriment of creditors, as allowed under our bankruptcy law.

INDIA: Significant Amendment to Anti – Corruption Regulations; Commercial Bribery made an offence.

INDIA, 17 September 2018
The Government of India has passed the Prevention of Corruption (Amendment) Act, 2018 (“ Amendment ”) amending the current Prevention of Corruption Act, 1988 (“ Act ”), the primary anti-corruption statute in India. One of the major changes to the Act is the recognition of commercial organizations along with criminalizing bribery by commercial organisations in India.

FINLAND: An interesting case-law on a cooperation agreement.

FINLAND, 16 July 2018
The Finnish Supreme Court ruled on 3 May 2018 (KKO 2018:37) on the formation and termination of a long-term cooperation agreement by referring to the provisions of the Draft Common Frame of Reference (DCFR) which might give an extensive protection in the case of termination.

ITALY: The know-how in the franchising agreements.

ITALY, 16 July 2018
The case concerned the correct qualification of a commercial relationship between two enterprises (Canzian and Dersuit Caffe) as a franchising agreement or as a rental of a business branch and the subsequent role of the know-how’s transfer.