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02 June 2020
Karsten Metzlaff When the asterisk is missing: Munich Higher Regional Court's King of the Month decision

Germany - Noerr LLP

Special deals are common among competing burger chains. Although this may be detrimental to franchisees, the Munich Higher Regional Court recently decided that such deals do not infringe antitrust rules. This decision deserves particular attention, as it concerns the common situation of a franchisor using non-binding price recommendations in its advertising and once again clarifies how important the asterisk reference is in such cases.

Authors: Karsten Metzlaff, Tom Billing
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Natasha Rao IP Enterprise Court considers interplay of EU Trade Secrets Directive and breach of confidence for first time

United Kingdom - Fieldfisher LLP

The IP Enterprise Court recently considered the impact of the EU Trade Secrets Directive on the law of breach of confidence – in particular, in the context of ex-employees who sought to franchise their services. The case confirms the limited impact of the directive on the pre-existing law on breach of confidence. However, it also indicates that the directive can be useful in helping to tease out the distinctions between confidential and non-confidential information.

Authors: Natasha Rao, Gordon Drakes
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