عقد الفرانشيز و الممارسات المقيدة للمنافسة

الملخص EN

If the agreement is prohibited when it affects freedom of competition, there is an exception: permissibility of agreement whenever it aims at economic or technical development or contributes to improving employment or it would improve the competition board is licensed.

With this exception, the franchise contract evades the description of the agreement in competition law, because it will enable the franchisor to know the extent of consumer demand for his services or products based on the volume of franchisee requests, thus improving the quality of services or products and promoting them to meet consumers'desires and improve the market position.

So this contract participate in economic development, provided that the monopolist franchisor of know how, subject of the franchise contract, is not abused by a position of dominance over the market or part of it, nor by exploiting the frachisee's economic dependence.