by Tessa de Mönnink & Annelies van Zoest | 30 January 2023 | Franchise, Commercial contracts
In our previous newsletters, we discussed the introduction of the Dutch Franchise Act (the “Act” or “Franchise Act”). This Act is effective as of 1 January 2021 and is of mandatory law. Some legal obligations were subject to an implementation deadline until 31 December 2022. This deadline has now expired.
by Tessa de Mönnink & Annelies van Zoest | 20 September 2022 | Franchise, Commercial contracts
The Dutch Franchise Act went into effect on January 1, 2021. The Act is mandatory law and franchisors and franchisees were required to conduct themselves in accordance with the Act as of that date. Specific contractual adjustments also had to be implemented immediately in new franchise agreements and renewal agreements. A two-year transition period applies to current franchise agreements. This expires on January 1, 2023. Franchise organizations still have three months to comply with the implementation obligation.
by Tessa de Mönnink | 7 June 2022 | Franchise, Commercial contracts, Distribution & Agency
On 1 July 2017, the Act to amend Book 6 of the Dutch Civil Code in connection with combating unreasonably long payment terms entered into force. This was a private member’s bill regulating that large companies cannot agree on a payment term of more than 60 days in their commercial relationship with SMEs in situations where the large company acts as debtor and the SME acts as creditor
by Tessa de Mönnink & Annelies van Zoest | 16 May 2022 | Franchise, Commercial contracts, Distribution & Agency
After a thorough review of the rules from 2010, the European Commission approved the new Vertical Block Exemption Regulation (VBER) and the accompanying new Vertical Guidelines on 10 May 2022. The revised VBER and vertical guidelines will enter into force on 1 June 2022.
by Tessa de Mönnink | 11 October 2021 | Distribution & Agency
On 14 September 2021 the Dutch competition authorities (ACM) imposed a fine of almost 40 million euros on Samsung Electronics Benelux B.V. (Samsung). In the opinion of the ACM, Samsung exerted undue influence on the online sales prices of televisions of seven retailers from January 2013 to December 2018.