Franchise & Law No. 5 – Acquisition Fraud and Franchising Act
The Acquisition Fraud Act came into effect on 1 July 2016. This includes amendments to Section 6:194 of the Dutch Civil Code. In short, the amendment means that if there is misrepresentation when offering goods or services in business relationships, this will result in an unlawful act. This implies that the Acquisition Fraud Act also applies in the pre-contractual phase of entering into a franchise agreement.
In this contribution, the civil law aspects of the Acquisition Fraud Act and the pre-contractual phase in entering into franchise agreements will be examined in more detail, in particular the reversal of the burden of proof.
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Prohibited Franchise Agreements: Conduct of Franchisees Among Others
Forms of franchising that do not involve a vertical relationship between the franchisor on the one hand and the franchisees on the other may be prohibited.
Formula change not justified – dated October 23, 2018 – mr. AW Dolphin
Formula change not justified
A new franchisor against will and thanks
Mergers between franchise organizations are no longer an exception. Multivlaai/Limburgia, DA/DIO, Emté/Jumbo are recent examples of this.
Supreme Court: Code of Honor regarding franchising has no legal effect – dated September 25, 2018 – mr. AW Dolphin
Supreme Court: Code of honor on franchising has no legal force
Franchisor wrongly hinders internet sales by franchisee – dated September 19, 2018 – mr. AW Dolphin
Franchisor wrongly hinders internet sales by franchisee
If your franchisor is your competitor
Franchising aims at cooperation. The franchisor should assist the franchisee in achieving mutual benefit from the operation of the formula. Sometimes this gets out of balance.