Yasmine EDDAM
Vertical restraints: a complete guide to competition law and distribution agreements
By Yasmine EDDAM29 June 2025Distribution, franchising and supply agreements are at the heart of many companies' strategies. However, these so-called 'vertical' contracts may contain clauses which, without careful analysis, could come into conflict with competition law. Far from being mere contractual documents, they define the balance of power in a market. The aim of this article is to provide an overview of the main principles governing these agreements, to give you a clear picture of what is at stake and what to watch out for. When it comes to assessing a situation of unfair competition, support is often essential. Here we look at the definitions, the legal framework and the different types of agreement, bearing in mind that each subject is dealt with in more detail in our dedicated articles. Understanding vertical restraints in competition law In order to navigate this field properly, it is first necessary to master the fundamental concepts that underpin it.
Day-to-day management of your commercial lease: rights, obligations and amendments
Commercial leases, Commercial, business and competition lawSigning a commercial lease is just the beginning of a contractual relationship that will shape the life of your business for many years to come. Far from being a fixed document, the commercial lease is the framework for ongoing interaction between the tenant (lessee) and the owner (lessor). Understanding the rights and obligations...B2B commercial relations: protecting yourself against significant imbalance and sudden termination
Competition, Commercial, Business and Competition LawThe life of a company depends to a large extent on the quality and stability of its commercial relationships, a stability that is the fruit of controlled commercial negotiation. Whether they are essential suppliers, major customers or strategic partners, these relationships are vital to your business. But what are...The heart of your business: understanding goodwill
Commercial, business and competition law, Business assetsWhen we think of the value of a commercial enterprise, we often think of its premises, stock and machinery. However, the real value often lies elsewhere, in what the law calls "goodwill". This is a key legal concept, sometimes abstract to the uninitiated, but it represents the true value of the business...Unfair international competition: what can you do if the problem crosses borders?
Competition, Commercial, Business and Competition LawIn the age of globalisation and e-commerce, markets know few borders. Your company may be selling its products abroad, or you may be up against competitors based outside France. This international openness is a source of opportunities, but it can also complicate disputes....Maritime courts: a specialised jurisdiction little known in French law
Commercial, business and competition lawMaritime law has its own rules and specific jurisdictions. Among these, the maritime courts occupy a special place in the French judicial architecture. Created by the Order of 2 November 2012, they have replaced the former commercial maritime courts (TMC) to hear cases involving breaches of the safety rules applicable to...Proving unfair competition: fault, injury and causation explained
Competition, Commercial, Business and Competition LawYou're convinced that a competitor is using unfair methods to harm you. Your intuition tells you that something is wrong, that the competition is no longer on a level playing field. But there's often a gap between the intimate conviction that you're a victim and the ability to prove it in a court of law...Who are the key players in insolvency proceedings in France?
Commercial, business and competition law, Companies in difficultyWhen a company is experiencing significant financial difficulties, French law provides for specific mechanisms to try to save it or, if this is not possible, to organise an orderly winding-up of its business. These procedures, known as sauvegarde, redressement judiciaire or liquidation judiciaire, may seem complex...Companies in difficulty: who is affected and when does the situation become critical?
Commercial, business and competition law, Companies in difficultyDealing with financial difficulties is often a dreaded ordeal for any entrepreneur. Whether it's a drop in business, a costly dispute or an accumulation of unpaid bills, it's essential to understand at what point the situation changes from a simple cash flow problem to one that gives cause for legal concern. French law provides a framework for these situations...Denigration and disorganisation: when your competitors' attacks become illegal
Competition, Commercial, Business and Competition LawBusiness life is often one of intense competition. But sometimes, certain players go beyond the limits of simple economic rivalry to engage in aggressive practices aimed directly at harming their competitors. Spreading malicious rumours, publicly and unjustifiably criticising a rival's products, plundering their...Company in difficulty: first steps and prohibitions for creditors
Commercial, business and competition law, Companies in difficultyThe announcement of the opening of insolvency proceedings - safeguard, receivership or compulsory liquidation - against a customer, supplier or business partner is often a source of great concern for its creditors. Will I get paid? What do I have to do? Can I continue to demand payment? These questions are...The day-to-day running of the craft industry: qualifications, training and status of family and friends
Artisan, Commercial, business and competition lawOnce a craft business has been set up and registered, the entrepreneurial adventure really begins. But the day-to-day running of a craft business involves much more than just producing goods or providing services. It raises important legal issues concerning the recognition of skills, the transfer of know-how and the status of individuals...Buying a business: essential precautions and protection against the seller's debts
Commercial, business and competition law, Business assetshtml Buying a business is an exciting entrepreneurial venture, whether you're starting a new activity, taking over an existing one or expanding your business. It's a growth opportunity full of potential. However, there are also significant risks involved, and you need to anticipate them to avoid losing your business.Bills of exchange: managing the unexpected (non-payment, loss, theft, stop payment)
Commercial, business and competition law, Bills of exchangeWhile the bill of exchange offers guarantees to secure payment, it does not eliminate all risks. Persistent non-payment, physical loss of the document, theft or other incidents can occur and seriously complicate the creditor's situation. How can you react effectively in these circumstances? Currency law...Safeguard plan, recovery plan, sale plan: what outcomes for a company in difficulty?
Commercial, business and competition law, Companies in difficultyWhen a company enters the safeguard or receivership procedure, the observation period that begins is a phase of intense activity aimed at finding a lasting solution to its difficulties. The aim is, as far as possible, to come up with a 'plan' for the future. But what exactly does this mean?Day-to-day bills of exchange: payment, due dates and managing unpaid bills
Commercial, business and competition law, Bills of exchangeOnce a bill of exchange has been created and can be circulated, it reaches its natural conclusion: payment. This is the point at which the beneficiary, or final bearer, receives the promised sum of money. But how does this payment actually take place? What are the rules to be observed regarding maturity and...Opening insolvency proceedings: the legal process explained
Commercial, business and competition law, Companies in difficultyWhen a company is going through such intense economic turbulence that its future is threatened, the opening of collective proceedings - safeguard, receivership or compulsory liquidation - often becomes an unavoidable step. Far from being an insignificant or improvised step, it marks the entry into a strict legal framework, designed to deal with the...Company directors: what are their responsibilities in the event of insolvency proceedings?
Commercial, business and competition law, Companies in difficultyWhen a company goes into receivership, reorganisation or compulsory liquidation, all eyes naturally turn to its directors. Whether they are managers, chairmen, managing directors, ex officio or even 'de facto' (i.e. those who, without an official title, actually exercise the power of management), they are in a...Bills of exchange explained: how to create them and avoid the pitfalls
Commercial, business and competition law, Bills of exchangeThe bill of exchange, also known as a draft, remains a financial instrument commonly used in the French business world. Frequently used in commercial relations, it facilitates payments and organises credit between companies. However, its handling is technical and its precise rules are sometimes misunderstood. Here is a...Judicial liquidation: understanding the procedure for selling a company's assets
Commercial, business and competition law, Companies in difficultySometimes, despite our best efforts, it proves impossible to turn around a company in difficulty. When the company's financial situation has deteriorated too much and there is no serious prospect of it continuing, French law provides for a final outcome: liquidation by order of the court. This term, often dreaded, marks the end of the company's activity...Commercial negotiation: mastering the General Terms and Conditions, annual agreements and General Terms and Conditions
Competition, Commercial, Business and Competition LawEvery year, the commercial negotiation period is a key event in the life of many companies, particularly between suppliers and distributors. It's an intense and often complex time, when the conditions governing business relations for the coming year are defined. Far from being a simple, informal discussion, this process is governed by...
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