Agency contracts are contracts for which the agent works for the contracting authority for specific purposes. Find out what an agency agreement contains and how to hire an agent who works for your personal or professional mission. An agency relationship may be necessary, for example, if. (B) the definition of an agency agreement for the application of Section 101 is the financial or commercial risk borne by the agent with respect to the activities for which he was designated by the adjudicator authority (see judgments in T-325/01, 15 September 2005, Daimler Chrysler/Commission); Case C-217/05, 14 December 2006, Confederacion Espanola de Empresarios de Estaciones de Servicio/Cepsa and Case C-279/06, 11 September 2008, CEPSA Estaciones de Servicio SA v. LV Tobar e Hijos.SL. In this regard, it is not essential for the assessment to know whether the agent is acting for one or more large obligations. Nor does this assessment matter in terms of the assent of the parties or the national legislation. 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. In a decision of 18 July 2018, the Paris Court of Appeal recalls the pickets and the consequences of the breach of the commercial agency contract. Its solution is worth reporting because it provides an overview of the fundamental issues in this area. After the recall of the (…) An agency agreement explains the agency`s terms, z.B what the agent can do, and the amount of money paid for the agent`s work. The contract also gives the agent the power conferred by the awarding entity, for example. B the exclusive right to act on his behalf. An example is that you are renting a real estate company to sell your home. As a client, you decide whether you should have the exclusive right to sell your property or if you want multiple companies to have the right to sell it. Are you thinking about online advertising for your business? If so, you probably run into the complex and lengthy online advertising agreement of the host of the site. Make sure you understand before you agree. On 27 October 2020, the Competition Authority adopted a decision 20-D-15 rejecting as insufficiently justified the dismissal of the travel agency Travel Planet France, which specialises in business travel and is approved by IATA. Agency agreements occur when someone hires an agent to make decisions for them.
The hire determines the responsibilities and payment of the agent. These are defined in a contract. It can relate, for example. B, to a person who hires a lawyer or businessman to hire an accountant. Discussions on agency agreements have long focused on the distinction between “real” and “non-true” and who bears the risks between the client and the agent. Given that the literature on this distinction is widespread, the current article will focus on providing an overview of recent cases in which award-winning entities and/or agents have been held responsible for anti-competitive behaviour within the meaning of Section 101, paragraph 1 or 102, of the R and; D, especially when the association