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 (…) There are three types of financial or commercial risks essential to the definition of an agency agreement for the purposes of Article 101, paragraph 1. First, there are contract-specific risks that are directly related to contracts entered into and/or negotiated by the representative on behalf of the client, such as equity financing.B. Second, there are the risks associated with market-related investments. These are investments that are necessary specifically for the type of activity for which the contracting authority has appointed the agent, that is, which are necessary to enable the agent to enter into and/or negotiate this type of contract. Such investments are usually sewn, which means that the investment cannot be used or sold for other activities, except with a significant loss, after leaving this field of activity. Third, there are the risks associated with other activities in the same product market, to the extent that the contracting entity requires the agent to engage in such activities, not as an agent on behalf of the client, but for his or her own risk. The need to qualify a contract, supposedly as a commercial agency, can arise in an international context, a situation that raises not only the question of the application of the qualification criteria, but also, perhaps even more delicately, that of their identification.
A contract entitled (…) If you work abroad, you can extend the reach of your brand. However, this broad scope is not without risk. It is more difficult to pursue international companies and cultural norms can influence the perception of your work. A clearly written agreement can help you nail down the characteristics of the job and protect yourself if things go wrong. For the purposes of article 101, paragraph 1, the agreement is referred to as an agency agreement where the representative does not support or assume any risk related to contracts concluded and/or negotiated on behalf of the contracting entity with respect to market-specific investments in this area of activity and other activities that the awarding entity is required to carry out in the same product market. However, risks associated with the provision of agency services in general, such as the risk that the representative`s income will depend on his or her success as an agent or general investments in premises or staff, are not essential to this assessment. For the purposes of section 101, paragraph 1, an agreement is therefore generally considered an agency agreement where ownership of property purchased or sold is not the responsibility of the agent; or the representative does not provide the contractual services himself and if the representative: October 27, 2020, the Competition Authority adopted a decision 20-D-15, under which it rejects the dismissal of Travel Planet France, a travel company specialising in business travel and approved by IATA, as insufficiently justified, which has transposed its implementation by (…) the contract for a valid consideration entitles the compensation agent; The common interest contract results in compensation to the sales agent if his relationship with the client ceases.