Interview Franchise+ – mrs. J. Sterk and AW Dolphijn – “Reversal burden of proof in forecasts honored by court”
The new Acquisition Fraud Act indeed appears to be relevant for the franchise industry, according to this article from Franchise+. Alex Dolphijn of Ludwig & Van Dam represents a franchisee in legal proceedings in which the franchisor has been convicted for the first time under the Acquisition Fraud Act. The court states that the franchisor must be able to demonstrate afterwards that the prognosis is correct. The position of franchisees has been greatly strengthened by this ruling. To be able to prove that a franchisor has its affairs in order, the franchisor must come from a good family, explain franchise attorneys Jeroen Sterk and Alex Dolphijn of Ludwig & Van Dam.
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Franchising is serious business
Franchise practice is characterized by a wide variety of issues that manifest themselves in it.
Price maintenance: always void?
The Court of Appeal in The Hague ruled some time ago that influencing the price level at which the franchisee sells the products to the consumer can be susceptible to competition law.
Another franchisor against will and thanks?
For various reasons, franchisors and franchisees are confronted with the (desire to) transfer of rights
Compensation for insufficient duty of care by the franchisor
Compensation for insufficient duty of care by the franchisor
The Bankrupt Franchisor: A Sequel
Some contributions back wrote my office mate mr. J. Strong what is necessary about the situation when a franchisor goes bankrupt
How far does the non-competition clause extend?
The Supreme Court recently issued a judgment regarding a non-competition clause in a franchise relationship.