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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.

TURKEY: The latest tendencies under Turkish case law.

TURKEY, 15 July 2019
Supreme Court Decisions on: i) goodwill indemnity claim of an insurance agency, ii) application of a post non-compete covenant within a franchise agreement, iii) onerous clause determination within a franchise agreement.

NORWAY: Appeal Court decision on immediate termination, identification between franchisee and owner and how to prove a loss.

NORWAY, 15 July 2019
In a recent decision from the Appeal Court (Eidsivating lagmannsrett, LE-2018-63987), the court found that the franchisor had terminated the franchise agreement with immediate effect without sufficient cause. However, the franchisee was not entitled to damages as no losses were documented.

CHINA:Franchisor’s Liability for Failure to Disclose in the People’s Republic of China (the “PRC”).

CHINA, 15 April 2019
In this appellate court decision regarding a franchise agreement dispute, the Shanghai IP Court dismissed the Franchisee’s claim for the termination of the Franchise Agreement due to the Franchisor’s failure to make disclosures. In deciding this case, the court mainly relied on the lack of substantial negative impact caused by the Franchisor’s failure to disclose.