Yasmine EDDAM
Abuse of dominant position and exclusivity agreements: case law and practices
By Yasmine EDDAM29 June 2025Exclusivity agreements, the ultimate commercial partnership tools, can quickly become a source of dispute when implemented by a company in a dominant position. Competition law does not prohibit them as a matter of principle, but examines them with particular care to identify practices that distort competition. For a company director, whether in a position of strength or dependent on a major supplier, it is essential to understand the boundary between a legitimate commercial strategy and an abuse of a dominant position. A seemingly innocuous contract may conceal clauses with far-reaching effects that could render the company liable. Analysing these complex situations requires a detailed knowledge of legal mechanisms and case law, an area in which the support of an advisor is often decisive in securing business relationships. If you have any questions about these issues, you can call on our firm's expertise in...
When can a deed be annulled during a suspect period?
Commercial, business and competition law, Companies in difficultyWhen a company runs into financial difficulties leading to receivership or compulsory liquidation, a critical period begins: the suspect period. As we saw in our introductory article on the suspect period, certain acts carried out during this period are so abnormal that they are automatically nullified by law...Acts automatically annulled during the suspect period (legal nullities)
Commercial, business and competition law, Companies in difficultyWhen a company is experiencing major financial difficulties, there is a particularly sensitive period before the official launch of receivership or liquidation proceedings. This is known as the 'suspect period', a period of time during which certain actions taken by the director may be called into question....Understanding the suspect period and its consequences for your company
Commercial, business and competition law, Companies in difficultyWhen a company is experiencing significant financial difficulties, the prospect of receivership or liquidation proceedings may become a reality. Even before such proceedings are officially opened by the court, a critical and often little-known phase begins: the suspect period. This period is not insignificant. The decisions taken, the...International bankruptcy: when and how do the French courts intervene?
Commercial, business and competition law, Companies in difficultyThe increasing internationalisation of trade and the location of companies means that there are more and more situations where financial difficulties extend beyond the borders of a single country, particularly for regulated companies operating internationally. What happens when a French or foreign company with links to France finds itself in financial difficulty?Understanding judicial liquidation: an essential guide for companies in difficulty
Commercial, business and competition law, Companies in difficultyFacing insurmountable financial difficulties is a dreaded ordeal for any company director. When recovery solutions seem out of reach, judicial liquidation becomes a concrete prospect. Although this procedure is difficult, it is governed by precise rules designed to organise the end of the business and to...The end of liquidation and professional recovery: what are the outcomes?
Commercial, business and competition law, Companies in difficultyWhen a company goes into compulsory liquidation, the outcome may seem inevitable: the disappearance of the business and the sale of the assets. However, the procedure must formally come to an end, and this end, known as closure, can take different forms with varying consequences, particularly for the individual debtor. In addition, for...Judicial liquidation: consequences for creditors and realisation of assets
Commercial, business and competition law, Companies in difficultyThe opening of a judicial liquidation procedure marks a turning point not only for the company and its director, but also directly for its creditors. Suppliers, banks, social security bodies, tax authorities, employees... all find themselves faced with a situation where the recovery of their debts becomes uncertain and...Commencement of compulsory liquidation: conditions and initial effects for the debtor
Commercial, business and competition law, Companies in difficultyThe prospect of compulsory liquidation is a critical time for any company and its director. Often dreaded, this procedure marks a decisive turning point, generally when financial difficulties reach a point of no return. It is important to understand the circumstances in which this procedure can be initiated and the immediate consequences...Companies in difficulty: understanding the penalties for managers
Commercial, business and competition law, Companies in difficultyNavigating a company through financial difficulties is a demanding ordeal for any manager. In addition to the operational and economic challenges, particular attention must be paid to the personal responsibilities that may be incurred. In the event of receivership or, more frequently, compulsory liquidation, a company director may find himself exposed to...Executive sanctions: procedure and remedies
Commercial, business and competition law, Companies in difficultyWhen a company encounters difficulties, the law provides for various mechanisms to try to turn it around or, failing that, to organise its liquidation under the best possible conditions. However, these procedures can also lead to the liability of directors being called into question, or even to their being punished. For an overview...Bankruptcy and related offences: the criminal penalties that threaten managers
Commercial, business and competition law, Companies in difficultyUnfortunately, a company's economic difficulties can extend beyond the commercial and financial sphere into the criminal sphere. When risky or even fraudulent management is suspected of having precipitated the company's downfall, the director is exposed to particularly severe penalties. In addition to the civil and professional penalties that can exclude them from the life of their company, they can also be...Personal bankruptcy and prohibition on management: the professional risks for the manager
Commercial, business and competition law, Companies in difficultyIn addition to the direct financial consequences for the company and potentially for the executive's personal assets, difficulties can lead to sanctions of another kind, just as formidable: professional sanctions. These are not aimed directly at the portfolio, but at the manager's very ability to practise his profession, to manage,...Liability for insufficient assets: protect your personal assets
Commercial, business and competition law, Companies in difficultyBusiness life is rarely a smooth ride. When difficulties accumulate and receivership becomes inevitable, a major fear emerges for managers: that of being personally liable for the company's debts out of their own assets. This very real threat has a name...Running and developing your business: leasing, guarantees and anticipation
Artisan, Commercial, business and competition lawOwning a craft business means owning much more than just a set of physical assets. It is a dynamic working tool, a source of income, but also a valuable asset that can be used to obtain credit or whose transfer can be judiciously prepared. To fully understand the implications of this, we need to...Anticipating the end of your commercial lease: renewal, refusal and eviction compensation
Commercial leases, Commercial, business and competition lawThe approach of the end of a commercial lease is a major strategic step for any tenant company, as well as for the owner of the premises. Mastering the day-to-day management of your commercial lease is essential if you are to anticipate this pivotal period as effectively as possible. This is the time when key issues come together: the tenant, the landlord and the...Road haulage: understanding the regulatory framework in France
Commercial, business and competition law, TransportRoad freight transport (RTT) is much more than just trucks on the road. It is a vital economic activity, at the heart of trade, but also an activity governed by a dense set of legal and administrative rules. Whether you're an entrepreneur looking to set up your own business,...The road haulage contract: legal framework and points to watch out for
Commercial, business and competition law, TransportContracts are the cornerstone of any business relationship, and the road haulage sector is no exception. Whether it's a one-off shipment or a regular collaboration, the agreement between the principal (shipper or freight forwarder) and the carrier defines the rights and obligations of both parties.Traffic and road transport operations: national, European and international rules
Commercial, business and competition law, TransportObtaining authorisation to operate as a road haulage operator, as we saw in our article on the conditions for entering the profession, is only the first step. Once your company has been set up and you have your licence, you need to understand and master the rules governing the movement of goods...Becoming a road haulage operator: conditions for entering the profession
Commercial, business and competition law, TransportRoad haulage is essential to the economy, but it is also a regulated profession. Entering this sector is not something you can improvise. The law imposes a strict framework to guarantee the safety, reliability and competence of operators. Before you can launch your business and make a name for yourself...Understanding artisan status: definition, qualifications and key distinctions
Artisan, Commercial, business and competition lawThe craft industry is an essential pillar of the French economy, a dynamic sector with an incredible diversity of trades. However, behind the familiar image of manual skills, the legal status of the craftsperson is sometimes hard to pin down. It is vital for the person carrying out the activity, as well as for their customers and partners, to know...
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