Suppliers and buyers constantly make agreements on purchase, sale and resale of products and services, within the context inter alia of distribution, dealer and franchise agreements. The Autoriteit Consument en Markt (Authority Consumers and Market – ACM) will supervize whether these agreements are not disadvantageous to competition and consumers. In that case, the agreements are prohibited.
read moreThere are a number of interesting recent developments in the field of franchise and distribution:
Franchise bill ‘on hold’
First of all, the franchise bill, on which an internet consultation was held in 2017, has been put ‘on hold’ in October 2017. In the coalition agreement Rutte III[1], which the new Dutch government presented on 10 October 2017, says about franchise:
On 24 February 2017, the Dutch Supreme Court (ECLI:NL:HR:2017:311) ruled that a franchisor can also act unlawfully when a prognosis drawn up by him/her contains errors, without the franchisor knowing of these errors.
read moreIn issue 3 (September 2016) of the “Tijdschrift voor internetrecht” (Magazine for internet law; https://denhollander.info/Internetrecht), Silvie Wertwijn and Tessa de Mönnink have published an article dealing with the growing tensions between the interests of suppliers and of resellers in the era of “omnichannel strategy”. Using the following link you can download and read the full article.
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