Article De Nationale Franchise Gids: “Increasing protection against recruiting franchisees” – dated 2 April 2019 – mr. AW Dolphin
The Acquisition Fraud Act offers injured parties great advantages in demonstrating unlawful conduct. Although the Acquisition Fraud Act is, according to some, intended to provide protection against phantom invoices and telephone sales, the Den Bosch Court of Appeal has now also ruled that the Acquisition Fraud Act also applies to franchising.
Other messages
The limitation of a non-competition clause
A former franchisee has a non-compete clause in his franchise agreement that prohibits him from cooperating during and for two years after the termination of the franchise agreement.
Franchise agreement/sublease agreement link
Franchise agreements and sublease agreements must be adequately linked. After all, the sublease agreement is governed by mandatory tenancy law. Not easy here
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