Yasmine EDDAM
Validity of the non-competition clause under competition law (cartels, abuse, concentrations)
By Yasmine EDDAM30 June 2025The non-competition clause is a well-known contractual mechanism, often associated with employment law or business transfers. However, its analysis does not stop at simple contractual validity; it must also be scrutinised under competition law, which aims to protect the proper functioning of the market. A clause that is perfectly legal on one level may in fact constitute a prohibited anti-competitive practice. Understanding this duality is essential if you are to secure your commercial transactions. This subject is part of a broader framework that we explore in our comprehensive guide to non-competition obligations in commercial law. While the conditions and limits of general validity set a first benchmark, the analysis in terms of competition law requires a more in-depth examination of the effects of the clause on the market. Our firm, which has a recognised practice in competition law...
Maritime sales: understanding the main formulas and their legal implications
Commercial, business and competition law, Maritime salesInternational trade is largely based on trade in goods transported by sea. These transactions, known as maritime sales, have a number of important legal features that all international trade operators need to master in order to secure their operations. Unlike traditional sales, maritime sales include in their mechanism...Registering a domain name: procedures and legal precautions
Commercial, business and competition law, Domain nameRegistering a domain name: procedures and legal precautions Registering a domain name is a strategic step for any company. This choice affects your digital identity and can have an impact on both your reputation and your commercial activity. Understanding the allocation mechanisms and the legal precautions involved is essential if you are to secure this...Complete guide to domain name law for businesses
Commercial, business and competition law, Domain nameDomain names are strategic assets for any company. They serve as online identifiers, marketing tools and access points to your services. Their complex legal regime requires a global approach. This guide summarises the essential knowledge needed to secure and enhance the value of these digital resources. The legal nature of...Domain name disputes: legal and alternative procedures
Commercial, business and competition law, Domain nameDisputes over domain names are on the increase. The strategic value of these digital identifiers explains this trend. There are several ways of resolving disputes. The choice between traditional legal procedures and alternative mechanisms often determines the outcome of the dispute. Knowledge of these options is a decisive advantage. Legal proceedings...Conflicts between domain names and distinctive signs: risks and protection
Commercial, business and competition law, Domain nameConflicts between domain names and distinctive signs are on the increase. Brands, trade names, surnames or geographical indications can collide with similar domain names. These situations expose companies to real legal risks. Prevention becomes crucial to protect your digital identity. Risks of conflict...Legal status of domain names: between right of use and ownership
Commercial, business and competition law, Domain nameToday, domain names are a strategic asset for any company operating on the Internet. Yet their legal nature remains difficult to define. These digital identifiers occupy an ambiguous place in our law, between a simple contractual right of use and true ownership. This classification is not just a theoretical question: it is also a question of...Professional and corporate disputes: when should you go to commercial court?
Commercial, business and competition lawIs your company facing a conflict with a major supplier? Is a partner questioning a strategic decision? Are you wondering which court has jurisdiction to settle the dispute? The Commercial Court is often the court to turn to in the business world,...Specific regulations for measuring instruments by category
Commercial, business and competition law, MetrologyThe regulations governing measuring instruments are not limited to a general framework. They are broken down into specific provisions adapted to the different categories of instrument, taking account of their particular technical features and uses. This sector-based approach makes it possible to ensure the accuracy of measurements in fields as varied as...Penalties for non-compliant measuring instruments
Commercial, business and competition law, MetrologyThe compliance of measuring instruments with legal requirements is a major issue for companies and professionals. Beyond the technical aspect, this question has significant legal and economic implications. The legislator, aware of the importance of guaranteeing the accuracy of measurements for the fairness of commercial transactions and the...Inspection of measuring instruments: procedures and legal framework
Commercial, business and competition law, MetrologyThe accuracy of measuring instruments is a fundamental element in guaranteeing fair trading, consumer protection and public safety. To ensure this accuracy, the legislator has set up a rigorous system of metrological control governed by a series of national and European texts....Regulation of units of measurement in France: obligations and penalties
Commercial, business and competition law, MetrologyIn an economy where commercial and industrial exchanges are based on the precision and reliability of measurements, France, like all developed countries, has a strict legal framework governing units of measurement. Although companies are sometimes unaware of these regulations, they are a fundamental part of commercial and industrial law.Legal metrology law: understanding the regulations governing measuring instruments
Commercial, business and competition law, MetrologyLegal metrology, a little-known but fundamental branch of law in our economy, governs all measuring instruments used in commercial transactions, public health or personal safety. These complex and technical regulations have a simple objective: to guarantee the accuracy and reliability of measurements in order to...Verification of claims, suspension of interest and registrations: consequences of the declaration
Commercial, business and competition law, Companies in difficultyhtml Declaring your claim on time, as explained in our previous article, is a crucial step when your debtor is the subject of collective proceedings (safeguard, reorganisation or judicial liquidation). However, the process does not stop there. Your claim will now be examined, and other important consequences of the opening of insolvency proceedings...Can an anti-competitive agreement be justified? Exemptions
Commercial, business and competition law, CartelsThe prohibition on anti-competitive agreements set out in Article L. 420-1 of the French Commercial Code is a cornerstone of French competition law. Its aim is to ensure that markets function properly for the benefit of businesses and consumers. However, this prohibition is not absolute. The legislator has provided for situations...The main types of agreement prohibited by competition law
Commercial, business and competition law, CartelsThe aim of competition law is to guarantee fair and balanced competition between economic players. At the heart of this system is article L. 420-1 of the French Commercial Code, which lays down the principle that anti-competitive agreements are prohibited. While this article gives a few examples of prohibited practices, the list is not exhaustive.Cartel by object or by anti-competitive effect: what are the differences?
Commercial, business and competition law, CartelsFrench competition law, like its European counterpart, is based on fundamental pillars designed to ensure healthy and fair competition on the markets. Central among these pillars is the prohibition on anti-competitive agreements, set out in Article L. 420-1 of the French Commercial Code. This...Proving a cartel: how do the authorities investigate and what evidence should be used?
Commercial, business and competition law, CartelsAnti-competitive agreements - agreements or concerted practices between companies aimed at distorting competition - often take place in the shadows. By their very nature, the participants seek discretion in order to escape the vigilance of the authorities and the potentially heavy penalties. However, the Autorité de la concurrence (French competition authority) has the means...What is an anti-competitive agreement under French law?
Commercial, business and competition law, CartelsThe term "cartel" often conjures up images of secret meetings where competitors agree to manipulate the market. While this image is not entirely false, the legal reality is more nuanced. Understanding precisely what is covered by the notion of anti-competitive agreements is essential for any company wishing to operate in compliance with...Anti-competitive agreements: understanding the rules and the risks for your company
Commercial, business and competition law, CartelsCompetition is often described as the engine of the economy. It drives companies to innovate, improve their offerings and offer attractive prices. However, some companies may be tempted to circumvent this competition by entering into secret agreements with their competitors: these are known as anti-competitive agreements....The suspect period: definition, determination and legal action
Commercial, business and competition law, Companies in difficultyWhen a company's difficulties reach a critical point, French law provides for specific mechanisms to try to turn it around or, if that is no longer possible, to organise its liquidation in an orderly fashion. At the heart of these so-called collective procedures (receivership and liquidation) lies a fundamental concept:...
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