Competition, consumer and distribution law

Failure to give attention to, and comply with, French and European competition law rules may result in disputes with serious impacts on businesses. With this in mind, the advice and assistance that our team provides to our clients can ensure compliance with the procedures with national and European authorities.

With their in-depth knowledge of the legal frameworks applicable in France and at European and international levels, as well as their ability to anticipate competitive risks, our lawyers are able to use competition law as a real value-creating tool.

Our lawyers provide pragmatic and business-oriented support with regard to competition law and all aspects of our clients’ activities, both upstream (supply chain, manufacturing and logistics) and downstream (distribution, intermediation and digitalization), including in connection with the development, structuring and deployment of their various projects, and the resolution of their recurring or specific issues.

Our team assists our clients throughout the process of notification of concentrations at national and international levels, whether they result from mergers, acquisitions, or joint ventures:

• Checking whether the notification is mandatory or not
• Assessing the likelihood of obtaining consent from the authorities
• Preparing and following up the notification documents provided to national and European competition authorities
• Assisting with the implementation of corrective measures
• Appeals in the event of refusal of consent

Our team advises our clients on all State aid issues. Therefore, we provide assistance to beneficiary businesses in connection with their State aid application procedures, including by analyzing the legality of the aids concerned and preparing the notification documents provided to the European authorities.

We also assist businesses which feel aggrieved by the granting of State aid to a competitor by helping them file a complaint before the European Commission.

Our lawyers advise you on the purchasing strategy and contracts that best suit your needs, whether they relate to group or centralized purchasing.

Our team’s expertise and our knowledge of distribution practices in general and their current transformation (multi-channel/cross-channel/omnichannel/phygital), both in B2B and B2C, allow us to provide tailor-made support and assistance.

We can help you develop your procurement, distribution and marketing strategies, and specifically advise you on:

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• the media that best suit your needs (websites, networks, direct sales, platforms)
• the acquisition of assets and goodwill
• the related agreements (exclusivity, commissions, concession, subcontracting, supplier-distributor relationship, etc.)
• the setting up of networks
• the restructuring of networks
• the termination of commercial relationships.

Products and services can now be delivered to your home, ordered on the Internet, delivered to a store, and returned to a store. We can help you implement your e-commerce strategy and deal with any related issues.

Our team has strong expertise in consumer law and can advise you on the compliance of your practices with advertising, promotional and sales regulations.

Our experts have gained strong and recognized experience in the handling of competition litigation before French, European and international courts. We can thus deal with the following issues: State aids, cartels, abuses of dominant positions, restrictive competitive practices or unfair competition. In particular:

• We provide advice in connection with searches and seizures
• We provide assistance in bringing or defending an action before the French and European competition authorities and courts, in emergency proceedings or on the merits of the case
• We provide assistance in bringing or defending an action before the WTO regarding State subsidies

Our team represents clients in numerous disputes concerning consumer law:

• Class actions and assessments of losses
• Relations with the administration
• Unfair/misleading commercial practices
• Promotions
• Brand comparisons
• Compliance with health regulations
• Compliance with registered designations
• Compliance with standards
• Directors’ criminal liability

Our specialized team covers all aspects of distribution litigation: termination of contractual relations; anti-competitive or discriminatory practices; disagreements with franchisees and distribution networks.

The purpose of our Compliance services is to prevent the occurrence of the legal or reputational risks that could undermine a company’s financial health.

We carry out an exhaustive audit of your commercial practices, distribution networks and commercial agreements, so as to identify potential legal risks and propose remedial solutions. Such audit can also be carried out on a target before an acquisition, merger or joint venture takes place.

We then offer our clients a compliance program to remedy any flaws or inaccuracies identified during the audit. This program includes training and the implementation of monitoring and alert tools at international level.