Competition by Franchisees

Under the Regulation, entrepreneurs are allowed to incorporate into franchise agreement broad non-competition clauses. The group of persons who might be affected by a non-competition clause may practically be unlimited, in that the franchisee’s obligation to refrain from competitive activities may be indirect in nature. Unfortunately, there is no case law that would specify the limits of the franchisee’s possibility for contracting such obligations. Moreover, Polish law does not require that the franchisor use any special efforts to justify its demands toward franchisees in this regard.

Akademia Rozwoju Systemów Sieciowych Sp. z o.o.