Les clauses take or pay: des clauses originales et méconnues

Short Reads - Companies participating in a franchise agreement are advised to carefully assess possible competition law concerns, particularly if the franchisees are (potential) competitors. The Dutch Trade and Industry Appeal Tribunal (CBb) recently confirmed that a franchise agreement cannot be used to cover up anti-competitive horizontal agreements.

Short Reads - Companies are well advised to carefully read the 2014 Procedure for the inspection of digital data (2014 Procedure) before the Dutch Authority for Consumers and Markets (ACM) comes knocking.

Short Reads - Companies should beware that when held jointly responsible for a cartel infringement, a fine reduction granted to one of them could affect the joint and several liability of fines allocated to the remaining companies. According to the General Court, in applying the principle of equal treatment, the remaining liability for fine payment should be distributed proportionately by the Commission.

Short Reads - On 24 October 2018, the European Court of Justice ruled that a choice of forum clause in a contract between Apple and eBizcuss, a former reseller of Apple products, may apply to abuse of dominance claims, even when the clause does not explicitly refer to disputes relating to liability resulting from a competition law infringement.