Competition
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...
Internet and e-commerce: how do you define the relevant market?
Competition, Commercial, Business and Competition LawDetermining the exact contours of the "relevant market" is a fundamental step in competition law and the principles of unfair competition. It is in this context that we assess whether a practice restricts competition or whether a company holds a dominant position. The exercise, already delicate...Taking action against unfair competition: what penalties and procedures?
Competition, Commercial, Business and Competition LawYou have identified unfair competition by a rival and you have gathered sufficient evidence. The question now is: what can you do about it? What steps can you take to put a stop to these practices and obtain compensation? To do this,...Understanding unfair competition: the basics to protect your business
Competition, Commercial, Business and Competition LawEconomic competition drives innovation and often benefits the consumer. Every company legitimately seeks to attract and retain customers, sometimes at the expense of its rivals. This is the normal game of competition. But how far can this competition go? Are there rules that should not be...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...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....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...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...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...Economic parasitism: how do you react when a competitor copies your efforts?
Competition, Commercial, Business and Competition LawYou've spent months, even years, developing an innovative product, building a strong brand image and investing heavily in advertising to make your offer known. And now a competitor has arrived on the market who seems to be taking a little too much inspiration from your work, copying your...Sanctions and defence against abuse of a dominant position
Competition, Commercial, Business and Competition LawAbuse of a dominant position exposes companies to considerable financial penalties. Fines can amount to 10% of worldwide turnover. Google, for example, was ordered to pay €2.4 billion for favouring its price comparison site in search results. Faced with these risks, and to better...Proceedings before the Competition Authority: how is a case launched?
Competition, Commercial, Business and Competition LawThe Competition Authority's involvement in the life of a company does not always begin with a surprise investigation. Proceedings may also be triggered by a formal complaint from a competitor, supplier, customer or even a trade body. The Minister for the Economy may also refer the matter to...Competition investigations: how to anticipate and react?
Competition, Commercial, Business and Competition LawAn unexpected visit from competition investigators can be a destabilising experience for any business, whatever its size. Knowing how to react and what your rights and obligations are is crucial. Poor management of this situation can have serious consequences, ranging from significant financial penalties to legal proceedings.Unfair competition vs. other disputes: don't get confused!
Competition, Commercial, Business and Competition LawHas a competitor denigrated your services on social networks? A former business partner is breaching a non-competition clause? A company copies your flagship product, which is protected by a patent? In the business world, conflicts can take many forms. Faced with a...Clemency, settlement, commitments: alternatives to the traditional procedure before the Competition Authority
Competition, Commercial, Business and Competition LawWhen a company is suspected of anti-competitive practices, the prospect of lengthy and costly proceedings before the Competition Authority, potentially followed by substantial financial penalties, can be worrying. However, direct confrontation is not the only way out. French competition law, like European law, has developed...Penalties and appeals: challenging a decision by the Competition Authority
Competition, Commercial, Business and Competition LawReceiving a decision from the French Competition Authority imposing financial penalties, ordering you to cease certain practices (injunctions), or even rejecting your own complaint, is rarely good news for a company. It is a serious situation that can have significant financial and reputational impacts. These decisions, which...Digital Markets Authority (DMA): new rules, new role for the Competition Authority
Competition, Commercial, Business and Competition LawThe digital economy is transforming our lives and businesses at lightning speed. Faced with the emergence of major technological players structuring access to numerous online services, the European Union has decided to adapt its regulatory framework to ensure fair and open digital markets. The Digital Market Regulation, or...Micro-PAC: a simplified procedure for small-scale anti-competitive practices
Competition, Commercial, Business and Competition LawWhen we think of competition law, we often think of the major cases handled by the Autorité de la concurrence, involving national or international companies and potentially very high penalties. However, the economic fabric is also made up of numerous small and medium-sized enterprises (SMEs) whose activities, although...Pricing: avoiding the pitfalls of resale at a loss and fixed prices
Competition, Commercial, Business and Competition LawIn France, the principle is one of freedom of pricing. In theory, every company is free to set its prices as it sees fit, in accordance with article L.410-2 of the French Commercial Code. This is a pillar of our market economy and of free competition. However, this freedom is not...Preventing the risk of abuse of a dominant position: a practical guide
Competition, Commercial, Business and Competition LawPenalties for abuse of a dominant position can ruin a company. Violation of Articles L. 420-2 of the French Commercial Code or 102 of the TFEU can result in fines of up to 10% of worldwide sales. To ensure that the prevention of abuse of a dominant position is part of a global approach to...Abuse of a dominant position: basic concepts and legal framework
Competition, Commercial, Business and Competition LawHolding a dominant position in a market is not illegal. But taking advantage of it to engage in anti-competitive behaviour is punishable under French and European law. These practices are known as abuse of a dominant position, and can result in colossal fines - up to 10% of a company's worldwide turnover...
EN 
FR