Legal Franchise Statistics 2019: slight decrease in number of franchise disputes
Ludwig & Van Dam Franchiseadvocaten, market leader in franchise law, has been conducting regular research since 2008 into (the development of) case law regarding franchise disputes and also publishes statistics on published case law in the field of franchise law. Here is a brief report on the legal developments in 2018, compared to previous years.
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Franchise Board Rules
In practice, various forms of consultation circulate between franchisor and franchisee.
Developments in competition law
Some time ago, the Netherlands Competition Authority (NMa) made a groundbreaking ruling that is of great importance to all franchise organizations in the Netherlands.
Transfer Arrangements
Franchise agreements usually include transfer arrangements
The right to the formula name upon termination of the franchise relationship
In practice, discussions regularly occur when the franchise relationship is terminated between a franchisor and one or more franchisees
The possibility of actively or not actively recruiting customers outside
Based on the relevant regulations, active recruitment activities by the franchisee are permitted
Customers, clientele and exceptions thereto
Some franchise constructions have the characteristic that the products or services in question are only supplied to certain consumers.