Are commission-affiliation and franchise compatible? This interrogation opened the morning debate organized by Mr. Olivier Deschamps and Mr. Rémi de Balmann of the firm DM&D last June. Several companies and bank representatives participated in this event more especially addressed to the clothing and accessories industry in which commission-affiliation is becoming more and more common.

In France, the Chattawak case of February 26, 2008, in which the re-qualification of a commission-affiliation agreement into a commercial agent contract was rejected, brought reactions among franchise experts. Although several points of the contract were clarified, several questions remained unanswered.  ‘‘Everything that was already sensible for franchisees becomes even more delicate when it comes to affiliated commission agents, such as the question of clients files and the one of post contractual non-competition clause’’, says Rémi de Balmann who recommends the heads of the networks to look after the independence of their partners and to avoid any interference. 

The debate allowed experts to multiply their advice on inventory and report on state of repair, prices questions, accounting, contractual precautions, etc.

Fore more information, please contact Olivier Deschamps odeschamps@dmd-avocats.com or Rémi de Balmann rdebalmann@dmd-avocats.com.

Rémi de Balmann and Olivier Deschamps
Partners at DM&D
FRANCE