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Legal presumptions of concerted action: cases and consequences
Have you been accused of acting in concert without a written agreement? The law presumes concerted action in certain situations defined in Article L. 233-10, II of the French Commercial Code, reversing the burden of proof. These legal presumptions, their scope and their consequences need to be fully understood.
Banking and finance lawConcerted action in French law: understanding its mechanisms and implications
Several partners or shareholders coordinate their votes or acquisitions without a written contract: are they acting in concert? This qualification, defined in article L. 233-10 of the French Commercial Code, triggers obligations of transparency and solidarity with major financial consequences.
Abuse of exploitation: when the dominant company imposes unfair conditions
A company in a dominant position may impose unfair trading conditions on its partners, without seeking to eliminate them from the market. Exploitative abuse is less visible than the eviction of a competitor, but it is just as punishable under competition law. Understanding its contours enables you to identify an illegal practice and take action.
Exclusionary abuses: practices designed to eliminate competition explained
Your competitor in a dominant position implements commercial practices that eliminate you from the market without any relation to its own merits. This type of behaviour, known as exclusionary abuse, is prohibited by the French Commercial Code and European law. Here's how to identify them, prove them and have them punished.
Relevant market and dominant position: the keys to competitive analysis
Establishing an abuse of a dominant position always begins with a question: on which market does the company operate? Without a rigorous definition of the relevant market, no dominant position can be established. This article deciphers the analytical methods used by the courts and the Autorité de la concurrence to define the competitive perimeter.
Abuse of a dominant position: understanding and identifying prohibited practices
Your company is suffering from the practices of a dominant player who is distorting competition to your detriment. Abuse of a dominant position is punishable by up to 10 % of worldwide sales - but you still need to know how to characterise it and identify the remedies available. We analyse the criteria, the prohibited practices and the remedies available to companies that are victims.
The offence of deception in commercial law: constituent elements and penalties
A commercial partner has sold you a product by withholding information about its nature or essential qualities: this may be an offence of deception. This criminal offence, which is distinct from mere contractual impropriety, requires specific constituent elements and exposes its perpetrator to severe penalties. Identifying the offence is the first step in taking legal action.
Understanding commercial court proceedings: a complete guide
If you have a commercial dispute with a business partner or supplier, you should take your case to the Commercial Court, a consular court made up of judges elected from among the traders themselves. Its rules on jurisdiction, procedure and time limits differ significantly from those of ordinary civil courts. This guide details each stage, from referral to decision, so that you can approach this procedure methodically.
Summons to appear before the Commercial Court: how to get proceedings off to a good start?
A commercial dispute forces you to take your case to the Commercial Court. The writ of summons is the document that initiates the proceedings and determines your chances of success. Careful drafting, in line with the requirements of the Code of Civil Procedure, is essential from the outset.
Oral versus written proceedings in commercial court: what are the practical consequences?
Are you appearing before the Commercial Court and don't know whether you should file written submissions? The procedure is still officially oral, but the written word is gradually taking over. Ignoring this development can lead to surprises at the hearing and can weaken the defence of your interests.
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