Commercial, business and competition law
Case law on selective distribution agreements in competition law
By Yasmine EDDAM29 June 2025Setting 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, common for luxury, high-tech or cosmetic products, lies at the crossroads between contractual freedom and competition law. Poorly structured agreements can lead to sanctions for anti-competitive practices. Our firm, which regularly handles disputes in this area, offers an insight into the case law that has shaped this field. It is essential for a network head to understand the limits that must not be crossed in order to secure its sales channels, an issue that forms part of the wider framework of vertical restrictions in competition law. For assistance in defending your...
Challenging an international arbitration award: what remedies are available?
Arbitration, Commercial, Business and Competition LawThe arbitration award has been made, putting an end, in principle, to the dispute between the parties. But what should you do if you believe that the award is seriously flawed or violates fundamental principles? Is this really the end of the procedural road? If the purpose of arbitration is...International arbitration: how do the proceedings work?
Arbitration, Commercial, Business and Competition LawThe arbitral tribunal has been set up and the arbitrators have accepted their assignment. The organisational phase gives way to the heart of the process: the arbitration proceedings themselves. How does this "private hearing" of an international dispute work in practice? What are the rules governing the exchanges between the parties and the arbitrators?The international arbitral award: from drafting to enforcement
Arbitration, Commercial, Business and Competition LawAfter months, or even years, of exchanging briefs, producing documents and holding hearings, the arbitration process is coming to an end. The culmination of this process is the arbitral award, the decision by which the arbitral tribunal settles the dispute submitted to it. But what exactly is an award?...The international arbitration tribunal: how is it set up and what are its responsibilities?
Arbitration, Commercial, Business and Competition LawAt the heart of the arbitration procedure is the arbitral tribunal, made up of one or more persons responsible for settling the dispute. Often referred to as "private judges", these arbitrators do not derive their power from the State, but from the agreement signed by the parties. Who can take on this crucial role in...Is my dispute commercial, civil or both? Which court should I go to?
Commercial, business and competition lawHave you bought a faulty appliance in a shop and the seller refuses to honour the guarantee? Are you a company director and a contract that you thought was purely professional has become entangled with aspects of your private life? The question of which court has jurisdiction to rule on your case is...Bankruptcy in the EU: what law governs your rights and obligations?
Commercial, business and competition law, Companies in difficultyWhen a company operating in several European Union countries is placed under insolvency proceedings (safeguard, reorganisation, liquidation, etc.), we have seen that European rules govern the jurisdiction of the courts and the recognition of decisions (for a full explanation of how cross-border insolvency proceedings work in Europe). But one...Commercial transactions: how to classify your transactions and anticipate their legal consequences
Commercial, business and competition lawUnder French law, the classification of an act as a "commercial act" entails the application of a specific legal regime. This distinction, far from being purely theoretical, has a direct impact on the rights and obligations of companies and individuals alike. What acts are considered commercial? What special rules apply? And above all, what are the advantages or risks?Seizures and specific securities: shares, company shares, European accounts and the impact of insolvency proceedings
Commercial, business and competition law, Companies in difficultyOur previous articles dealt with the most common precautionary measures, those relating to movable property, traditional claims such as bank balances, and security interests in buildings and businesses. However, the legal landscape is broader and more complex. Certain types of property, such as...Joining a franchise: the crucial process of contract formation
Commercial, business and competition law, FranchisingJoining a franchise network represents a considerable personal and financial commitment. It's an entrepreneurial venture that can prove fruitful, but its success depends to a large extent on the solidity of the foundations on which it is built. The phase leading up to the signing of the contract, as well as the signing itself,...The franchise contract demystified: definition, operation and essential distinctions
Commercial, business and competition law, FranchisingFranchising attracts many entrepreneurs. Joining a well-known network, benefiting from a tried and tested concept, being supported... the promises are seductive. But what does signing a franchise contract really entail? Behind this familiar term lies a precise legal reality, with its rights, obligations and sometimes pitfalls....The life of the franchise contract: the franchisor's obligations
Commercial, business and competition law, FranchisingSigning a franchise agreement marks the start of a collaboration that, ideally, should be beneficial to both parties. While the franchisee undertakes to respect a concept and pay royalties, the franchisor is not simply a collector. The franchisor is the guarantor of the proposed model and assumes...The life of the franchise contract: the franchisee's obligations
Commercial, business and competition law, FranchisingJoining a franchise network offers undeniable advantages, such as benefiting from a recognised brand and proven know-how. However, this partnership also entails major obligations for the franchisee. Far from being a mere customer of the franchisor, the franchisee is a key player in the network, bound by precise commitments that must be respected...The end of the partnership: understanding the termination of the franchise contract and the issues involved
Commercial, business and competition law, FranchisingLike any contractual relationship, that between a franchisor and a franchisee - a contract with specific characteristics - comes to an end. This stage, often dreaded, is nevertheless a normal part of business life. Whether it comes at the end of the contract, by mutual agreement, or as a result of conflict, the...Your rights once your design is registered: scope and limits
Commercial, business and competition law, Intellectual propertyCongratulations, after going through the creation and registration stages, your design is now registered with the INPI! This official recognition gives you genuine property rights over the appearance of your product. But what does this right mean in practice? What actions can you actually prohibit?Crossing borders: protecting your designs internationally and in the European Union
Commercial, business and competition law, Intellectual propertyIs your company growing and are your products attracting attention beyond France's borders? This is excellent news! But be careful: if you have taken care to protect the appearance of your creations by registering a design or model in France with the INPI, this protection stops at the borders of the...Registering a design: the essential steps and procedure
Commercial, business and competition law, Intellectual propertyhtml Have you checked that your creation meets the conditions of novelty and distinctiveness, and that it does not fall into any of the exclusions? That's fine. The next step in securing legal protection for the appearance of your product in France is to register your design officially.How to obtain design protection in France: key conditions
Commercial, business and competition law, Intellectual propertyHave you invested time, energy and creativity in developing a unique design for your product or its packaging? This is an essential first step. However, for this appearance to benefit from the specific legal protection offered by design law in France, it must be...Defending your designs: infringement proceedings and other remedies
Commercial, business and competition law, Intellectual propertyhtml Discovering that a competitor is imitating or copying the look of your product, which you have taken time to design and which you have taken care to protect with a design registration, is often an unpleasant and damaging experience for your business. Copying can divert your...Protecting the appearance of your creations: understanding designs and models
Commercial, business and competition law, Intellectual propertyThe unique appearance of your products, whether it's their innovative shape, original motif or distinctive packaging, is often a major competitive advantage. In a saturated market, design catches the eye, seduces consumers and can even become your brand's signature. But do you know how to...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...
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