MY ACCOUNTAbuse of dominant position
After receiving a complaint, and pending the effective entry into force of the Digital Market Act, the Competition Authority has, in its first ruling of the year granting protective interim measures, ordered Meta to define and make public its criteria for accessing and maintaining its “viewability” and “brand safety” partnerships, which are essential for the exercise of the activity of the providers of ad verification services, and requires that those criteria be objective, transparent, non-discriminatory and proportionate.
Competition Authority, 4 May 2023, LawLex202300006175JBJ
Exclusive distribution
A dealer who has notified the supplier of the non-renewal of the contract at its term and who immediately after the beginning of the notice period contacts another supplier, becomes its representative a month later, and displays tractors of the new brand on its sites, breaches the non-compete clause provided for in the contract and thereby immediately faces termination.
CA Paris, 21 April 2023, LawLex202300006081JBJ
Franchise
A franchiser who has terminated a franchisee’s contract may, without causing a manifestly unlawful disturbance to the latter, deactivate that person’s access to the social media of the franchise in order to prevent any communication from him concerning the termination.
CA Paris, 21 April 2023, LawLex202300006094JBJ
Commercial agents
A commercial agent having been in activity for two years and five months at the time of the termination is entitled to the two-year indemnity.
CA Montpellier, 20 April 2023, LawLex202300006074JBJ
Common interest mandate
The standard practice applicable to commercial agency contracts, which sets the compensation of the outgoing agent at two years of gross commissions, may be extended to a representative under a common interest mandate, whose contract refers, for the calculation of his compensation, to “the legal and jurisprudential rules in force at the time of the termination”.
CA Besançon, 18 April 2023, LawLex202300005954JBJ
