A Aplicação da Cláusula de Territorialidade no Contrato de Franquia sob a Ótica Concorrencial

Abstract

The purpose of this article is to analyze if the territoriality clause in franchise agreement is a practice which violates the principle of free enterprise and competition. Therefore, it will be presented the concept of franchising according to Law no 8.955 of 1994, highlighting its economical and social importance and the need of issuing rules which deal with gaps of the Law. The method applied in this study was deductive, the research conducted was based on documents, and involved the analysis of legislations, doctrinal and jurisprudential studies, as well as review of journal articles. The territoriality clause was analyzed with commercial focus, emphasizing its relevance to franchise agreement conclusion. It was noted that the lack of clear positioning of the Superior Courts and CADE regarding the territoriality clauses in franchise agreements, affect the analysis under perspective of antitrust law. Only when those authorities pronounce directly about this subject, the issue may finally be clarified.