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.
![243Foto-franchiseovereenkomst](https://www.ludwigvandam.nl/wp-content/uploads/2020/12/243Foto-franchiseovereenkomst-scaled.jpg)
Other messages
Purchase obligation and competitive prices
On 9 September 2015, the District Court of the Northern Netherlands rendered a judgment on the question of whether a franchisor used market-based prices in the case of an exclusive purchase obligation.
The franchisor must demonstrate the correctness of the prognosis
The franchisor must demonstrate the correctness of the prognosis
Rules of the game for internet sales
On 21 July 2015, the 's-Hertogenbosch Court of Appeal ruled in a case involving a franchise agreement for a hairdressing supplies company.
Reasonable term for terminating the continuing performance contract
Reasonable term for terminating the continuing performance contract
The importance of interest in a non-compete clause
The importance of “interest” in a non-compete clause
Bonuses that are not in the franchise agreement
The Court of Appeal in The Hague On 31 March 2015, a dispute was submitted between a franchisee and franchisor about the settlement after termination of the franchise agreement with regard to bonuses.