Author: Francesca

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FRANCE: The revision of the Motor Vehicle Regulation and its Guidelines is progressing rapidly with some good news but also a lot of conservatism and a risk of additional constraints.

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The European Commission launched on Wednesday 6 July a public consultation and call for contributions inviting all interested parties to comment on its proposals for the future of the Motor Vehicle Block Exemption Regulation. The Commission is consulting until 30 September 2022 on a draft regulation extending the validity of the automotive mini-regulation for 5 […]

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AUSTRALIA: Recent Australian Federal Court decision – anti-competitive exclusive dealing.

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Australasian Food Group, trading as Peters Ice Cream (Peters), has recently admitted to engaging in exclusive dealing in contravention of section 47 of the Competition and Consumer Act 2010 (Cth) (CCA). The Federal Court ordered Peters to pay a A$12 million penalty and implement a three year competition law compliance program, following enforcement action taken by the Australian […]

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UK: Dwyer (UK Franchising) Limited v Fredbar Limited and Shaun Rowland Bartlett [2022] EWCA Civ 889.

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It has been well established for thirty years that post termination non compete covenants in franchise agreements will be upheld by the English courts as reasonable if they go no further than is necessary to protect the franchisor’s goodwill. The courts have, historically, based their approach in establishing the reasonableness of such covenants on how […]

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NORWAY: The definition of a commercial agent – part IV – The judgement from the Norwegian Supreme Court.

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1 Background In previous articles I have presented the ongoing Norep-case, wherein the Norwegian Appeal Court ruled that Norep AS (Norep) was not entitled to indemnity in accordance with the Agency Act as it found that Norep did not qualify as an agent based on the definition of “agent” in the act. The conclusion of […]

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BRAZIL: Franchising in Brazil.

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In Brazil, the basic regulation applicable to franchise agreements was Law no. 8,955 of December 15, 1994 and the general provisions of contracts in the Brazilian Civil Code (Law no. 10,406 of January 10, 2002). On December 26, 2019, the Bill Project no. 219/2015 was enacted into the Law no.13,966/19 (“the New Franchise Law”) and […]

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