Commercial, business and competition law
Case law on franchise agreements in competition law
By Yasmine EDDAM29 June 2025The franchise contract is a complex contractual structure at the crossroads of distribution law and competition law. For companies, it represents a formidable lever for development, but its implementation exposes them to significant legal risks if it is not properly mastered. The key question is how to reconcile the restrictions necessary for the proper operation of the network with the prohibition on anti-competitive agreements. Our firm, which is competent to advise you on your franchise agreements, has observed that many disputes arise from a poor assessment of this balance. Before exploring the case law, it is essential to remember that franchising is a form of vertical agreement, the general issues of which can be grasped from the full guide. This article focuses specifically on the way in which the authorities and the courts analyse these agreements. For an overview, to understand the nature and operation of the franchise agreement, and to...
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...Securing your payments by bill of exchange: the key role of provision and acceptance
Commercial, business and competition law, Bills of exchangeWhen a company issues or receives a bill of exchange, the question of payment security inevitably arises. Unlike a simple invoice, a bill of exchange incorporates specific legal mechanisms designed to strengthen the confidence of the beneficiary and successive bearers. Understanding these mechanisms is fundamental to...Sales agents, transport brokers, wine brokers... A look at other intermediaries
Brokerage, Commercial, Business and Competition LawHaving set out the basics of the brokerage contract in our first article, and then detailed the rules specific to well-known intermediaries in the property, insurance and banking sectors in the second, it's time to broaden our horizons. The world of intermediation is vast and populated by a variety of figures, each...Using and defending your brand: rights, obligations and risks
Commercial, business and competition law, TrademarksCongratulations, your trademark is registered! This is a major step that secures an essential asset of your business. However, the registration certificate is not a trophy to be simply framed and forgotten. Owning a trademark implies active responsibilities to maintain its legal force and commercial value. The real work...Legal notices: basic principles and authorised newspapers
Legal notices, Commercial, business and competition lawThe publication of legal notices is an obligatory step in many legal transactions in business life. Far from being a mere administrative formality, these publications are an essential mechanism for ensuring the legal certainty of transactions. This obligation to publish makes it possible to inform third parties and to make certain deeds enforceable,...The observation period in safeguard and reorganisation proceedings: a key phase for the company's future
Commercial, business and competition law, Companies in difficultyOnce a safeguard or receivership procedure has been opened by the court, the company does not immediately move towards a definitive solution. It enters a transitional but absolutely crucial phase: the observation period. For the manager, employees, creditors and all the company's partners, the observation period is...Cross-border bankruptcy in Europe: how does it work?
Commercial, business and competition law, Companies in difficultyThe European Union has created a single market where companies can easily operate in several countries. But this economic freedom raises a thorny question: what happens when a company operating in several Member States runs into serious financial difficulties or goes bankrupt? Without common rules, this...International brokerage: legal points to watch out for
Brokerage, Commercial, Business and Competition LawIn an increasingly open economic world, borders are becoming increasingly blurred. A French company can use a local broker to conquer the German market; a foreign investor can use an intermediary in France to find property opportunities; a private individual can use an intermediary in...Digital assets: legal challenges and practical solutions
Assets, Commercial, Business and Competition LawThe rise of digital assets represents an economic and technological revolution that is transforming the way we manage our assets. For legal professionals and their clients alike, this new legal territory raises complex issues. The European MICA regulation and French law attempt to provide a framework for these assets, but many grey areas remain. What is a...Focus on specialist brokers: real estate, insurance and banking
Brokerage, Commercial, Business and Competition LawIn our previous article, we explored the general rules governing brokerage contracts in France. While these basic principles apply to many intermediaries, certain sectors of activity are subject to much more specific and often more protective regulations for consumers or professional clients....What is a brand and why is it essential to your business?
Commercial, business and competition law, TrademarksFor any company, whether new or established, its name, logo and projected visual identity are fundamental. They are often the first point of contact with your customers, the benchmark by which you can be identified in the midst of the competition. But beyond the marketing aspect, these elements can and must be protected...Safeguard, recovery and liquidation proceedings: how do they start?
Commercial, business and competition law, Companies in difficultyWhen a company encounters financial headwinds, French law offers several legal frameworks for dealing with the situation. These mechanisms, often grouped together under the generic term of "collective proceedings", are not identical and respond to distinct situations and objectives. For an executive, a creditor...Security interests and insolvency proceedings: a new balance between creditors and debtors
Commercial, business and competition law, Companies in difficultyFor a long time, collective proceedings have had a hard time dealing with security interests. Ordinance 2021-1193 of 15 September 2021 attempts to resolve this conflict. It strikes a balance between safeguarding businesses and protecting creditors. This balance meets the expectations of practitioners faced with contradictory rules. The rethought relationship between two branches of the...The status of sales representative: definition, conditions of access and distinctions
Commercial, business and competition lawIn the French commercial world, sales representatives are a special category of employee with a specific protective status. This legal protection responds to the risks inherent in this profession, which is characterised by a high degree of autonomy. Before hiring a VRP or engaging in this profession, it is essential to understand the precise...Credit insurance: an effective shield against commercial non-payment
Commercial, business and competition lawUnpaid invoices are a constant threat to the financial health of any business. An unpaid invoice can weaken your cash flow, compromise your investments and, in the most serious cases, threaten the very survival of your business. In the face of this risk, credit insurance is a particularly suitable protection tool. This...The sales representative contract: form, content and mutual obligations
Commercial, business and competition lawThe VRP contract establishes a specific legal framework between the company and its representative. If it is properly drafted, the parties will have legal certainty. The obligations arising from it deserve attention, as they define the rights and responsibilities of each party. Understanding these contractual mechanisms will help you avoid the disputes that frequently arise in this area...Termination of a sales representative contract: causes, procedures and compensation
Commercial, business and competition lawTermination of a VRP contract has specific legal consequences. The system is characterised by special indemnities, in particular the customer indemnity. The financial stakes are often considerable. Employers and representatives alike need to master these rules to safeguard their rights. Causes of termination of a VRP contract Termination of a VRP contract...Selling your business: key stages and the seller's obligations
Commercial, business and competition law, Business assetsSelling your business is often a decisive step in the life of an entrepreneur. It is the culmination of years of effort and the culmination of a professional project, but it is also a complex legal operation that requires meticulous preparation and execution. For the seller, the stakes are twofold: it's a question of...Selling or ceasing your business: anticipating the tax consequences
Commercial, business and competition law, Companies in difficultyThe transfer or cessation of a business marks an important stage in the life of an entrepreneur. Whether it's a sale, retirement, donation, transfer to a company or, unfortunately, the company simply ceasing trading, these events often have significant and immediate tax consequences. The principle...Choosing and registering your trademark: the keys to effective protection
Commercial, business and competition law, TrademarksHave you found the perfect name for your company, the ideal logo that captures the essence of your business? It's an exciting and fundamental step. But before you plunge headlong into printing business cards or creating your website, you need to think about the legal aspects. This...
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