Action in unfair competition: Proof of fault
The right to a fair trial requires that the person who assists the bailiff during the establishment of a certified bailiff’s report be independent from the applicant who, on suspecting acts of unfair competition, has applied to the President of the Tribunal de grande instance on the basis of Article 145 of the Code of Civil Procedure.
Court of Cassation, 2nd civil chamber, 5 December 2019, LawLex201900001512JBJ
Action in unfair competition: Arbitration clause
A national court cannot declare itself competent on the ground that the arbitration clause in a shareholders agreement was not obviously applicable to the tortious liability action based on the complaint of acts of unfair competition and parasitism, without ascertaining, as it was asked to do, whether the litigation concerned the breach by the respondents of the non-compete obligation by which they were bound under the shareholders agreement.
Court of Cassation, 1st civil chamber, 4 December 2019, LawLex201900001499JBJ
Disparagement: Right of reply
An undertaking is not entitled to accuse its competitor of disparagement for responding to the unfair conduct of its own staff.
Court of Cassation, commercial chamber, 4 December 2019, LawLex201900001495JBJ
Sudden termination of established commercial relationship: Refusal to order
The client who drastically reduces the volume of orders purchased from a supplier who legitimately believed in the continuity of relations in light of the turnover so far achieved, suddenly terminates an established commercial relationship, even if he stipulated that he was free to use its services or not and did not guarantee the supplier any particular turnover or exclusivity.
CA Paris, 27 November 2019, LawLex201900001490JBJ
Sudden termination of established commercial relationship: Breach of contract
A distributor who violates its exclusive purchase obligation and minimum purchase undertaking commits sufficiently serious breaches of contract to justify a termination of the established commercial relationship with thirty days’ notice.
Court of Cassation, commercial chamber, 4 December 2019, LawLex201900001504JBJ
Sudden termination of established commercial relationship: Length of notice
The 18-month cap provided for by the Ordinance of 24 April 2019 cannot be relied on for a dispute preceding its entry into force.
CA Paris, 27 November 2019, LawLex201900001489JBJ
Sudden termination of established commercial relationship: Length of notice
The refusal by the terminated partner to comply with an insufficient notice period does not in itself render him liable for the termination.
Court of Cassation, commercial chamber, 4 December 2019, LawLex201900001495JBJ
Investigations: Rights of the defense
The liberties and detentions judge must verify the existence of evidence of anticompetitive practices solely on the basis of elements which will subsequently be entered into the adversarial proceedings not on the basis of partially or totally redacted documents which he was able to consult elsewhere in their original version.
CA Papeete, 4 December 2019, LawLex201900001515JBJ
