4 November 2019

Non-compete clause: Pecuniary indemnity
The stipulation which, in the case of a specific mode of termination of the employment contract, reduces the pecuniary indemnity for a non-compete clause, is deemed void ab initio (“unwritten”) without giving rise to the nullity of the non-compete clause itself.
CA Grenoble, 19 September 2019, LawLex201900001149JBJ

Parasitism: Usurping the work of another
The fact that a production company in its broadcasts unnecessarily resumes the characteristics of the program previously broadcast in the same time slot characterizes an undue appropriation of the reputation acquired by the latter during its four years of weekly broadcasting, as well as the know-how of the company that produced it.
CA Paris, 22 October 2019, LawLex201900001276JBJ

Sudden termination of established commercial relationship: Serious breach
Two issues concerning quality and traceability in the context of price re-negotiations in a harmonious relationship of more than eleven years are not of sufficient gravity to deprive the supplier of prior notice.
CA Paris, 23 October 2019, LawLex201900001263JBJ

Sudden termination of established commercial relationship: Length of notice period
Where the customer having lawfully terminated the relationship places almost no orders with the supplier during the notice period, he is liable with regard to the latter.
CA Paris, 23 October 2019, LawLex201900001265JBJ

Anticompetitive agreements: Non-compete undertaking
A group of companies violates Articles L. 420-1 of the Commercial Code and 101 TFEU when it institutes a non-compete obligation between its members, prohibiting them from soliciting each other’s customers or fulfilling demands from them.
Competition Authority, 28 October 2019, LawLex201900001279JBJ

Competition Authority decision: Settlement
Although the bringing of a statutory rule into line with competition law does not in itself constitute a commitment liable to give rise to a reward in the context of a settlement, the parties engaging in this procedure must provide sufficient guarantees, in particular in terms of compliance deadlines, so that the practice at issue ceases as soon as possible after the settlement.
Competition Authority, 28 October 2019, LawLex201900001279JBJ

Civil sanctions: Fault
The existence of a fault is established when the cartel has been found by final decision of the Commission.
TGI Rennes, 7 October 2019, LawLex201900001280JBJ