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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Suspension post non-competition clause in Bruna franchise agreement
On 25 September 2015, the preliminary relief judge of the Utrecht District Court suspended the post-non-compete clause in a Bruna franchise agreement.
Legal qualification of cooperation
Legal qualification of cooperation
Central website (and/or central telephone number), an infringement of an exclusive catchment area?
Several franchise agreements have not properly considered the central acquisition of customers via the Internet, in combination with the geographic exclusive territories of the franchisees.
The forced alternative franchise formula (Kippersluis/Jumbo)
The Den Bosch Court of Appeal ruled on the issue of a franchisee, referred to as Kippersluis, against Super de Boer (now Jumbo).
Franchisees Op=Op lose lawsuit (ECLI:NL:RBNNE:2015:4271)
In many franchise formulas, especially in retail, the franchisor also acts as a wholesaler
Keep your cool with franchise agreement
Keep your cool with franchise agreement