The Act was published in the Official Gazzette on July 30, 2007 although Chapter IV of the referred Act, grants Executive Power 120 days to regulate some complementary aspects. This new Act revoked Sections 13 to 15 of the Act 17.143 which -until the new Act- laid down the bases of the legal framework governing […]
That is particularly the case for large sales outlets because of the limits on commercial facilities imposed by the urban trade rules. Thus, a franchisor seeks, by means of clauses banning reaffiliation and noncompetition clauses, to dissuade the franchisee from being affiliates with a competing network or carring on a similar activity, as well as, […]
Franchisor enforced the post contractual noncompetition clause, and claimed not only material damages and the penalty established in the agreement for intellectual property infringement, but also moral damages. The Superior Court kept the Court of Appeals’decision in which the former franchisee was condemned to pay a penalty on daily basis for the intellectual property infringement […]
This new Act, with effects in the region of Andalusia, follows the authorisation of the Spanish Constitution for the different Autonomous Communities to enforce, in their respective territories, the competition rules, provided they do not interfere in the State or the European Union regulations. The objectives of this new regional Act could be summarised […]
The table of content of the Law is as follow: Chapter I General Provisions Chapter II Monopoly Agreement Chapter III Abuse of Dominant Market Position Chapter IV Concentration of Business Operators Chapter V Abuse of Administrative Power to Eliminate or Restrict Competition Chapter VI Investigation into Suspicious Monopolistic Conduct Chapter VII Legal Liabilities Chapter VIII […]
A greater involvement of the in-house counsels, and their associations, through the agreement with ECLA, will enlarge the membership base of our association and thus add new issues and experiences for a successful dialogue with the members and between them. In-house counsels of the member associations of ECLA are granted special conditions for the IDI […]
The company Yves Saint Laurent Parfums had granted a Venezuelan company an exclusive license to distribute its products in Venezuela. Following the licensor’s termination of the license agreement, the licensee accused it of not having taken action against other distributors that were ignoring the exclusive rights granted. In ruling that ‘the supplier is obliged to […]
This new Convention will replace the 1988 Lugano Convention currently in force, mirroring the provisions of EC Regulation 44/2001 on the same matters. The main features of the revised Convention concern the regulation on the court of jurisdiction and the jurisdiction over consumer contracts, but other significative changes, as reported by the Swiss Federal Ministry […]
Five are the basic principles of this new act: to warranty the legal security of the economic undertakings the independence in the taking of the decisions transparency and liability before the society of the administrative bodies enforcing competition rules efficiency in the fighting against the anticompetitive behaviours, and coherence of the system, particularly at the […]
We are pleased to inform you that the Power Point Presentations of some interventions of the two days conference on ‘Organizing the termination of agency and distributorship agreements. The critical issues’, are now downloadable in the Conference Section of the IDI website. IDI Editorial Board. […]
In May 2007, the Hague Conference on Private International Law published an article-by-article commentary prepared by the co-reporters Trevor Hartley (United Kingdom) and Masato Dogauchi (Japan) on the Convention adopted in June 2005, that provides an overview of the contents and the aims of the agreement. The generalised adoption of this convention would extend a […]
An exclusive distribution agreement was entered into between a German supplier and French distributors. Complaining of a breach of their contracts, the distributors brought an action against the supplier, seeking damages for the termination of their contracts. Responding to the supplier’s lack of jurisdiction defense, the Cour de Cassation (Cour de Cassation, 1st Civil Chamber, […]
The key points are: the agent’s entitlement to compensation on termination of an agency contract is in an amount which is equal to the value of the agency at termination, or in other words, the amount a third party would be prepared to pay for the transfer of the agency to him on the basis […]
On July 1, 2007 the Agreement entered into force (see Press Release IP/07/977 of 29/06/2007 from the European Commission). The purpose of this agreement is to apply the provisions of Regulations 44/2001 and its implementing measures to the relations between Denmark and the other countries of the European Community, in order to achieve a uniform […]
This draft has been discussed by the Commission on Industry, Tourism and Commerce. The Draft is still in a very preliminary situation and has to follow all the steps in order to be amended and approved. Nevertheless, and although it has been discussed by the different Parties even the convenience of adopting a uniform text […]
The claimant, a car distributor of Nissan, claimed the supplier to take back the spare parts for the price charged by Nissan at the time of delivery. Nissan has terminated the contract under the contractual notice period of two years. According to the distribution contract the claimant was obliged to keep an adequate stock. In […]
Legislation : Among the other new laws we added, we can mention: VIETNAM: The New Commercial Law (effective from January 1, 2006) governing sales by mandate dealers and regulating commercial agency and franchising contracts and Decree No. 35/2006/ND-CP of March 31, 2006 on franchising. MALAYSIA: The new Arbitration Act 2005, repealing the previous legislation. CHINA: […]
The draft is composed of 9 articles that provide definitions of franchising, the field of application of the law, the form and contents of the contract, the pre-contractual conduct obligations of the franchisor, the disclosure obligation and the pre-post-contractual non-competition obligations. A franchising contract is defined as an agreement between two independent legal subjects, through […]
