Commercial, business and competition law
Penalties for unlawful direct marketing of banking and financial services: civil and criminal liability
By Charlotte GAUCHON30 June 2025Canvassing is an activity governed by a strict set of rules designed to protect savers and investors. When these rules are not complied with, the consequences can be particularly serious for canvassers, but also for the institutions that employ them. Far from being a simple administrative irregularity, illegal canvassing exposes its perpetrators to an arsenal of civil, criminal and disciplinary penalties. It is therefore essential to have a clear understanding of the general rules governing canvassing by banks and financial institutions if you are to appreciate the extent of the risks involved. This article explains the nature and scope of these penalties. Civil penalties for unlawful canvassing In addition to criminal prosecution, failure to comply with canvassing rules can have significant civil consequences. The main aim of these is to compensate the person being canvassed for the loss suffered and to render ineffective any transactions entered into in breach of the law. Liability may be...
Distance selling of banking and financial services: specific rules and consumer protection
Commercial, business and competition law, Off-premises salesThe dematerialisation of banking and financial services has profoundly transformed consumer habits. Opening an account, subscribing to a savings product or taking out a loan can now be done in just a few clicks, without ever meeting an adviser in person. However, this ease of access has been accompanied by a protective legal framework designed to restore the balance...Direct marketing of banking and financial services: a complete guide to regulations and obligations
Commercial, business and competition law, Off-premises salesBanking and financial canvassing, the practice of approaching potential customers outside traditional branches, is an activity that is strictly regulated by law to protect savers. Given the proliferation of offers and the complexity of the products on offer, it is essential to understand the framework that governs...Non-competition clauses: specific prohibition and framework regulations
Competition, Commercial, Business and Competition LawThe non-competition clause is a well-known contractual mechanism designed to protect a company's interests by limiting the freedom of a former partner, employee or co-contractor, to compete with it. While most practitioners are familiar with the general conditions and limits governing the validity of such clauses, one aspect that is often...Validity of the non-competition clause under competition law (cartels, abuse, concentrations)
Competition, Commercial, Business and Competition LawThe non-competition clause is a well-known contractual mechanism, often associated with employment law or business transfers. However, its analysis does not stop at mere contractual validity; it must also be scrutinised under the microscope of competition law, which aims to...Abuse of dominant position and exclusivity agreements: case law and practices
Abuse of dominant position, Commercial, business and competition lawExclusivity 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 it examines them with particular care to identify practices that may be...Competition law governing motor vehicle distribution: a focus on the after-sales sector
Competition, Commercial, Business and Competition LawThe motor vehicle distribution sector has long been subject to a special legal framework under competition law. The complexity of its networks and the interdependence between the sale of new vehicles and the aftersales market have justified the introduction of specific rules, distinct from the...Case law on franchise agreements in competition law
Competition, Commercial, Business and Competition LawThe franchise contract is a complex contractual structure at the crossroads of distribution law and competition law. For businesses, it represents a powerful lever for development, but its implementation can expose them to significant legal risks if it is not properly mastered. The question...Case law on selective distribution agreements in competition law
Competition, Commercial, Business and Competition LawSetting up a selective distribution network allows a supplier to choose its resellers on the basis of defined criteria, in order to preserve its brand image and ensure quality marketing. This mechanism, which is common for luxury, high-tech and cosmetic products, is also used for...Case law on exclusive distribution agreements in competition law
Competition, Commercial, Business and Competition LawDistribution agreements, and more specifically exclusivity clauses, are at the heart of many commercial strategies. They enable a supplier to organise the marketing of its products and ensure an effective presence on a market. However, these contracts are closely watched by the competition authorities,...The relationship between EU and national competition law
Competition, Commercial, Business and Competition LawWhen a company operates in the French market, it enters a dense regulatory environment where several layers of rules coexist. In competition law, this reality is particularly tangible. Companies are subject to both national law, mainly enshrined in the French Competition Code, and competition law, which...Regulation (EU) 2022/720 on vertical restraints: deciphering and implications
Competition, Commercial, Business and Competition LawConcluding a distribution agreement is a fundamental step in the life of a company, but drafting it can be fraught with pitfalls. The wrong clause can have serious consequences in terms of competition law. Regulation (EU) 2022/720, which came into force on 1 June 2022, redefines in detail the...Vertical restraints: a complete guide to competition law and distribution agreements
Competition, Commercial, Business and Competition LawDistribution, 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 simple contractual documents, they define the terms and conditions...Regulation of crypto-assets in Europe: understanding mica and tfr
Assets, Commercial, Business and Competition LawThe crypto-asset ecosystem, once seen as a digital frontier for insiders, now represents a key sector for investment and innovation. For companies and individuals alike, it offers new opportunities, but its rapid development has long been accompanied by an uncertain legal framework, a source of major risks. With this in mind,...Transfer of digital assets free of charge: donations, legacies and precautions
Assets, Commercial, Business and Competition LawWealth transfer is constantly adapting to new forms of wealth. Today, digital assets, whether cryptocurrencies, non-fungible tokens (NFTs) or other blockchain-based instruments, make up a growing proportion of wealth. Their management and transfer free of charge, by gift or by...Transfer and contribution of digital assets: legal framework and taxation
Assets, Commercial, Business and Competition LawThe management of digital assets, whether virtual currencies, tokens or NFTs, has become a central concern for individuals and businesses alike. These transactions, which range from simple transfers to incorporations, raise highly complex legal and tax issues. Far from being an area of...Guarantees and availability of digital assets: challenges and solutions
Assets, Commercial, Business and Competition LawThe rise of digital assets has opened up unprecedented investment and financing opportunities, but it has also created considerable legal challenges. For companies and investors, the ability to use these new forms of value as a medium for credit or to transfer them securely is fundamental....The impact of technology on the legal status of digital assets: mastering the keys and powers
Assets, Commercial, Business and Competition LawThe emergence of digital assets has profoundly altered the wealth landscape, creating new forms of wealth based on complex technological foundations. As lawyers, we have observed that the ownership and transfer of these intangible assets raises unprecedented legal issues. The particularity of these assets is that...Legal classification of digital assets: named, unnamed and special regimes
Assets, Commercial, Business and Competition LawThe emergence of digital assets has profoundly transformed the economic and property landscape. For businesses and individuals alike, these new forms of value represent both opportunities and considerable legal challenges. Attempting to deal with them using traditional legal tools is a complex exercise, given the nature of the...Collective dominance: criteria and evidence in competition law
Competition, Commercial, Business and Competition LawWhile competition law often focuses on the actions of a single hegemonic company, there is another form of market power that is more complex to grasp: collective dominance. This situation arises when a number of companies, although legally independent, are able to adopt a single line of action...Scope of the non-competition obligation: subjects, activities and modes of exercise
Competition, Commercial, Business and Competition LawAn ill-defined non-competition clause is a source of costly disputes. Its scope, i.e. who it binds and what activities it prohibits, determines its real effectiveness. This concept is much more subtle than a simple limitation in time and space. While the complete guide to the obligation...
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