Argentine franchise law is contained in 12 articles 1512-1524 of the CCYC. Labor law infringements constitute the bulk of the cases that we shall quote and deal with a specific provision or the laws declaring that (section 1520) there is no labor relationship between franchisor- franchisee since each party is an independent company, except if the law establish […]
Arbitration clauses in agreements which have not been duly stamped cannot be enforced. In April 2023, The Supreme Court of India held that when a document on which stamp duty is to be paid as per the Indian Stamp Act contains an arbitration clause and such document has not been duly stamped, it cannot be […]
In a landmark decision of April 7th, 2023, the Belgian Supreme Court (C.21.0325) has ruled that such disputes can be submitted to arbitration, disregarding the fact whether the arbitrator will apply Belgian law or not. By this decision the Court distanced itself from established case law. The Court came to that decision after applying the […]
1. The EGalim laws take their name from the 2017 Etats Généraux de l’alimentation (French National Food Conference), which aimed to promote, in particular, fairer remuneration for producers. The “EGalim 1” law of 30 October 2018[1] and Ordinance No. 2019-359 of 24 April 2019 have resulted in an overhaul of Title IV of Book IV […]
Introduction. in this judgment the European Court of justice has dealt with a rather peculiar question arising in the context of the interpretation of Article 17 of Directive 86/653/EEC of 18 December 1986 on self-employed commercial agents, i.e. the impact of “one-off” commission payments on the deter-mination of the goodwill indemnity provided by such Article. […]
At the end of last year the High Court handed down a judgment in a franchise case involving an estate agency franchisor called Hunters, in respect of a dispute with a regional master franchisee about the regional master franchisee’s failure to achieve the contractual development schedule. As is standard in master franchising and area development […]
CTL S.A VS MATIAS CASTILLO vs CASANUOVA S.A. AND OTHERS C on / bankruptcy -march 22 1918-. Summary: Mr Castillo was labor creditor from Casanuova franchisee and he requested the extension of bankruptcy on the basis of patrimonial confusion under law 24.522 (a, 161) between CTL the bankrupted and restaurant partners A,A franchisors, plus the two other franchisees […]
The judgment on the principal award obtained before the Paris Court of Appeal, which constitutes one of the largest damages cases ever tried in France, is now final. The Court of Cassation’s ruling is very important for private enforcement law as it has clarified several key legal issues in relation to damages for anticompetitive practices. […]
On January 31st, 2023 the Italian Antitrust Authority (“Autorità Garante della Concorrenza e del Mercato” – “AGCM”) formally closed a proceeding against Benetton on abuse of economic dependence. The proceedings arose from a complaint by a former franchisee who operated two Benetton shops, which complained of having suffered an abuse of economic dependence, which allegedly […]
On 1 December 2022, a new Article 8a of the Swiss Federal Act on Unfair Competition (UCA) entered into force. This so-called “Lex Booking” provision aims to improve the market position of accommodation providers vis-à-vis online booking platforms by prohibiting parity clauses regarding price, availability or conditions in contracts between booking platforms and accommodation providers. […]
The 国家市场监督管理总局 – State Administration for Market Regulation (“SAMR”) in China has released a draft Amendments to the 反不正当竞争法 – Anti-Unfair Competition Law (hereinafter the “Draft”) on November 22, 2022. The Draft, amongst other things, proposed the addition of the “相对优势地位” or “relatively advantaged position” concept and the relevant factors for determining this position. This […]
In this case, a principal accused his agent of having engaged in the representation of a competitor in parallel with his mandate. The agent argued that this activity had been known to the principal for many years. However, several years after the beginning of their collaboration, the principal amended the contract to prohibit the agent […]
With decision of October 13, 2022 (in the proceeding C-593/21, NY v. Herios Sarl) the European Court of Justice decided on the right of a sub-agent to receive the goodwill indemnity from its principal, in a case where the sub-agent, after the end of the contract with its principal, continued to represent the same customers […]
On 19 October 2022, the Paris Court of Appeal ruled on a case concerning the conditions of resale of products covered by selective distribution in a discount retail chain. The head of a sports and leisure goods network accused the chain of having sold its products as part of a promotional operation during which it […]
The judgment was issued in a dispute as to whether, in connection with the conclusion between an entrepreneur and a person performing services for him of a contract bearing the title: “work contract”, it was necessary for the entrepreneur to pay social security contributions. In Poland, not all contracts under which an individual who is […]
The Indian Government recently released the latest in a series of draft privacy laws in November 2022. There are provisions within the draft law on restrictions on overseas transfers to countries other than those that will be notified by the Indian Government, which may prove to be a hurdle to foreign franchisors that may require […]
The Commission has launched a public consultation and has invited all interested parties to submit their comments on the Draft Revised Market Definition Notice by 13 January 2023 (EU Comm., IP/22/6528, 8 Nov. 2022). The revision process started in April 2020 and the draft submitted for consultation is one of the last steps to modernize […]
In relation to distribution, franchising and agency matters in New Zealand, please note that the Fair Trading Amendment Act 2021 (“Amendment Act”) extends the existing prohibition on unfair contract terms in consumer contracts to standard form small trade contracts worth under $250,000 (including GST). The Amendment Act also introduced a new prohibition on unconscionable conduct. […]
