It is essential that the terms of termination of the agency contract are so often part of the contract when an agreement is broken and the parties do not. In the absence of clear, well-developed termination rules, this can lead to commercial disputes, so it is worth ensuring that your agency agreement covers all important termination clauses. As a result of a contracting change related to a restructuring within the client group, the relationship between the new structure of the main group and its commercial agent has deteriorated considerably. In the absence of a territorial exclusivity clause, the client agrees to (…) This list is not exhaustive. However, if the representative is responsible for one or more of the above risks or costs, the agreement between the representative and the client is not referred to as an agency agreement. The issue of risk should be assessed on a case-by-case basis and not on the basis of the economic reality of the situation and not on the legal form. For practical reasons, risk analysis can begin with the assessment of contract-specific risks. If the agent presents specific risks to the contract, it is sufficient to conclude that the agent is an independent distributor. On the contrary, if the representative does not take specific risks to the contract, it will be necessary to continue the analysis by assessing the risks associated with market-specific investments. If the representative is not faced with contract-specific risks and risks related to market-specific facilities, it may be necessary to take into account the risks associated with other necessary activities in the same product market.

© facts of the European Commission. On April 22, 2015, EGETRA signed a sales agent contract with a personal representative to provide prospects for the sale of transport and customs services. On 1 February 2017, EGETRA notified the termination of the contract for breach, taking into account that (…) 1. Anti-competitive agreements that distort, restrict or prevent competition. B for example: the qualification of a contract as a commercial agency, the key to access to protection status under the 1991 Act, is the subject of our attention this month.