5 November 2018

Action for Unfair Competition: Combining an action for unfair practices with an infringement action
The marketing of the same range of products is insufficient to characterize the commission of acts of unfair competition which are distinct from those sanctioned for IP infringement.
Court of Cassation, 1st civil chamber, 24 October 2018, LawLex201800001623JBJ

Disruption: Misappropriation of know-how
The plaintiff undertaking does not establish the poaching of its know how or clients by former employees, 34 out of 170 of whom resigned as a result of the reorganization imposed by its parent company to join two competing companies of which one was created by former colleagues, insofar as the considerable decrease in its turnover can be explained, inter alia, by the change in the distribution of activities within the network.
Court of Cassation, commercial chamber, 24 October 2018, LawLex201800001625JBJ

Sudden termination of established commercial relationship: Modification of contractual terms
The better rates granted to another distributor do not amount to a substantial and arbitrary change in the terms of the contract when it is established that that distributor placed a volume of orders which was five times greater than the claimant.
CA Paris, 24 October 2018, LawLex201800001613JBJ

Sudden termination of established commercial relationship: Damages
The non-material loss caused by the particularly unfair circumstances of the cessation of relations, if proven, results from the termination itself and not from its suddenness.
CA Paris, 26 October 2018, LawLex201800001605JBJ

Sudden termination of established commercial relationship: Damages
A partner who has obtained contractual compensation for the harm caused by the unfair termination of the contract may not, pursuant to the rule of non-cumulation of contract and tort liability, seek to assert the provisions of Article L. 442-6, I, 5° of the Commercial Code.
CA Paris, 25 October 2018, LawLex201800001612JBJ

Sudden termination of established commercial relationship: Damages
The principle of non-cumulation of contract and tort liability does not preclude the beneficiary of a contractual obligation from entering a separate application based on Article L. 442-6, I, 5° of the Commercial Code.
Court of Cassation, commercial chamber, 24 October 2018, LawLex201800001610JBJ

Anticompetitive agreements: Rule of reason
Cooperation between two competing franchisors does not constitute an anticompetitive agreement where it does not go beyond what is necessary for negotiations for the transfer of the network from one to the other.
Competition Authority, 17 October 2018, LawLex201800001604JBJ

Abuse of economic dependence: Joint dependence
A state of economic dependence is assessed on the basis of the relations between a supplier and its distribution network, provided that the network constitutes a group of companies with sufficiently homogeneous characteristics, whose members are in the same economic and legal position with respect to that supplier, and this reasoning may be extended to all undertakings in the group where they are all affected in the same way by the practice in question.
Competition Authority, 17 October 2018, LawLex201800001604JBJ