Transcription of FRANCHISING NOTICE - CompCom SA
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FRANCHISING NOTICE - CompCom SA
FRANCHISING NOTICE . The application of certain provisions of the Competition Act 89 of 1998, as amended, to franchise agreements 1. INDEX. FRANCHISING NOTICE . The application of certain provisions of the Competition Act 89 of 1998, as amended, to franchise agreements 1. PREFACE 3. 2. INTRODUCTION 3. 3. OBJECTIVES OF FRANCHISE AGREEMENTS 4. 4. PROBLEMATIC CLAUSES IN FRANCHISE AGREEMENTS 5. A. Use of Resale Price Maintenance (RPM) 6. B. Exclusive territories for the franchise businesses 7. C. Exclusive Dealing 8. D. Tying of products 9. E. Intellectual property rights 10. 5. COMPARATIVE STUDY 10. 6. CONCLUSION 13. REFERENCES AND SUGGESTED READING 15. (Footnotes) 16. 2. 1. PREFACE. This NOTICE is prepared and issued by the Competition Commission (hereinafter the Commission ) in order to inform franchisors and franchisees about the impact of the Competition Act 89 of 1998. (hereinafter the Act ) on their activities and arrangements to enable them to comply with the Act.
2 INDEX FRANCHISING NOTICE The application of certain provisions of the Competition Act 89 of 1998, as amended, to franchise agreements 1. PREFACE 3
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