Mitigation of fine for breach of non-compete and confidentiality clause by franchisee
the Arnhem-Leeuwarden Court of Appeal mitigated the contractual fine of a former franchisee due to its breach of a non-compete and confidentiality clause
read moreStatutory (commercial) interest and extrajudicial collection costs in commercial contracts
From 1 January 2024, the Dutch statutory interest and statutory commercial interest rates may be adjusted again. What are the consequences under Dutch law, should your contracting party fail to pay, or pay late?
read moreTightening of statutory payment terms from 60 to 30 days as of 1 July 2022
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
read moreNewsflash distribution & franchise
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.
read moreACM imposes fine of almost 40 million euros on Samsung for influencing (resale) prices
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.
read moreDistribution Update
In a decision of the District Court of Amsterdam of 18 August 2020, a contractual termination clause allowing to terminate the Value Added Reseller Agreement (a so-called “VAR”) with a term of notice of 6 months has been set aside
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