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)
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Sale of franchise business in the hospitality industry
Sale of franchise business in the hospitality industry
Franchisor’s liability in case of incorrect forecast confirmed
Franchisor's liability in case of incorrect forecast confirmed
Infringement of the market territory by the own franchisor: overlapping exclusivity.
Due to the underlying acquisitions, it is inevitable that supermarket entrepreneurs will have to deal with overlapping market areas.
Collection of a claim need not result in a hardening of the franchise relationship
Since the entry into force of the Decree on compensation of extrajudicial collection costs, entrepreneurs have been obliged
Supermarket letter – 2
Infringement of the market territory by its own franchisor.
Supermarket letter – 3
Infringement of the market territory by the own franchisor: overlapping exclusivity