A commercial agency contract is a contract of common interest that is subject to a duty of bilateral loyalty (Com.C. art. L. 134-4). If the client does not comply with this obligation, he can attribute the breach initiated by the agent to him and, therefore, the (…) contract for a valid consideration entitles the compensation officer; The common interest contract results in compensation to the sales agent if his relationship with the client ceases. It is with these two aspects of the status of (…) Discussions on agency agreements have long focused on the distinction between “real” and “non-true” and who bears the risks between the client and the agent. Given that the literature on this distinction is widespread, the current article will focus on providing an overview of recent cases in which award-winning entities and/or agents have been held responsible for anti-competitive behaviour under Section 101, paragraphs 1 or 102, of the R and; D, especially when agreements facilitate agreements or price controls. In such cases, the entity`s liability for the conduct of its agent is particularly at stake. On the occasion of a merger, Econocom, the client, and proposed by its commercial agent, SD Lease, the conclusion of a new agency contract modifying the basis and rate of its commissions – the rate of 6% of turnover is replaced by 9% of the gross margin – and includes a (…) The characterization of a contract as a commercial agency, the key to access to protection status under the 1991 Act, is the focus of our attention this month.
In this case, a supplier and a distributor had entered into two contracts on the same day. The first, a commercial (…) Despite a relatively classic legal situation in the field of the commercial agency, a decision of the Court of Appeal of Lyon of 6 June 2019 is worth mentioning. The question is how to calculate the amount of compensation instead of a termination (Article L. 134-11 (…) A commercial contribution agreement between two companies under which W was responsible for advertising to customers who may be interested in the services offered by Company O. The contracts offered to the contractor contained general and specific terms (…) This list is not exhaustive. However, if the representative is responsible for one or more of the above risks or costs, the agreement between the representative and the client is not referred to as an agency agreement. The issue of risk should be assessed on a case-by-case basis and not on the basis of the economic reality of the situation and not on the legal form. For practical reasons, risk analysis can begin with the assessment of contract-specific risks. If the agent presents specific risks to the contract, it is sufficient to conclude that the agent is an independent distributor. On the contrary, if the representative does not take specific risks to the contract, it will be necessary to continue the analysis by assessing the risks associated with market-specific investments.