Commercial, business and competition law
Distance selling of banking and financial services: specific rules and consumer protection
By Charlotte GAUCHON30 June 2025The 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 is accompanied by a protective legal framework designed to rebalance the relationship between the professional and the consumer. The distance marketing of these services is governed by specific rules, in addition to the more general legislation on canvassing. Understanding this specific regime is essential for any individual wishing to navigate these offers in complete safety. This article follows on from our comprehensive guide to banking and financial canvassing, focusing on the specific features of distance selling. Scope of distance selling regulations For a contract to be subject to these special regulations, a number of conditions must be met. These relate to 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...Non-competition clause in transfers: business and civil clientele
Competition, Commercial, Business and Competition LawBuying a business or taking over a professional clientele is a major investment for any entrepreneur. Over and above the premises and equipment, it is the customer base, the fruit of years of work, that constitutes the real value of the transaction. It is therefore natural to want to protect this asset against competition...Non-performance of the non-competition obligation: what are the legal sanctions and remedies?
Competition, Commercial, Business and Competition LawBreaching a non-competition obligation is never a trivial matter. Whether you are the head of a company, the seller of a business or a partner, the undertaking not to compete with a partner or a successor is a substantial part of the contractual balance. When it is breached, the damage may be immediate and lasting, or it may be the result of...Sources of the non-competition obligation: deciphering commercial contracts
Competition, Commercial, Business and Competition LawThe non-competition obligation is a central concept in business law, often seen as a necessary evil to protect the value of a business or a customer base. However, its application is far from uniform. Depending on the nature of the contract, it may be a matter of course imposed by law, or it may be...Validity of non-competition clauses: conditions and limits in business law
Competition, Commercial, Business and Competition LawThe non-competition clause is a powerful contractual instrument, frequently used in business life, whether at the time of the transfer of a business, in a shareholders' agreement or in a distribution contract. Its purpose is to protect a creditor against competition from its debtor.The non-competition obligation in commercial law: a complete guide for businesses
Competition, Commercial, Business and Competition LawEntrepreneurial freedom is not absolute; its limits lie where contractual commitments and the legitimate protection of economic interests begin. The non-competition obligation is one of these fundamental limits in commercial law. Often perceived as a constraint, it is in fact an essential tool for securing the business...Article 1171 of the Civil Code: significant imbalance in the ordinary law of contracts of adhesion
Commercial, business and competition lawThe reform of contract law, orchestrated by the Order of 10 February 2016 and finalised by the Ratification Act of 2018, introduced a far-reaching provision into the Civil Code: Article 1171. This text extends the protection against clauses that create a significant imbalance beyond just...Significant imbalance and restrictive competition practices: preventing inter-company abuse
Commercial, business and competition lawAt the heart of commercial relations, contractual negotiation is often perceived as a game of power where the freedom of the parties is king. However, this freedom is not absolute. The legislator has put in place a powerful regulatory tool to punish manifest abuses: the significant imbalance, provided for in the...Significant imbalance in consumer law: unfair terms and consumer protection
Commercial, business and competition lawSigning a consumer contract, whether it's a general terms and conditions of sale on the internet, a service contract or a loan, involves the parties in a legal relationship where the balance of power is not always in place. The professional, by virtue of his position and experience, often has a margin of...Significant imbalance in French law: a comprehensive guide for professionals and consumers
Commercial, business and competition lawSignificant imbalance is a central concept in French contract law, designed to restore a form of justice where the economic power of one party risks crushing the other. Initially developed to protect consumers, its influence has spread to relations between professionals and has even been enshrined in French law.Difficulties faced by regulated companies in the EU: the principle of universality of procedures
Commercial, business and competition law, Companies in difficultyThe failure of a bank or insurance company in another EU country may seem like a distant event. However, because of the interconnection of financial markets, its consequences can spread rapidly across borders and directly affect companies, creditors and policyholders in France....Securing markets and payment systems: guarantee mechanisms in the face of systemic risk
Commercial, business and competition law, Companies in difficultyThe stability of the global financial system rests on a delicate balance. The extreme interconnectedness between banks, investment firms and market infrastructures means that the failure of a single player can potentially trigger a devastating chain reaction. To prevent this risk, which has been described as systemic, the legislator has introduced...Compensation and protection for customers in the event of bank and insurance company failure
Commercial, business and competition law, Companies in difficultyThe failure of a bank or insurance company is a dreaded event that can cause legitimate concern among individuals and business owners. Contrary to popular belief, the failure of a financial institution does not mean the automatic loss of client funds or rights. There are mechanisms...Insolvency proceedings for regulated companies: specific legal features in French law
Commercial, business and competition law, Companies in difficultyWhen a company encounters insurmountable financial difficulties, collective procedures such as safeguard, receivership or liquidation offer a legal framework for managing the situation. However, this common law regime, which is well known to entrepreneurs, does not apply as such to players in the financial sector. Banks, insurance companies,...Resolution and recovery procedures for financial institutions: the central role of the supervisory authorities
Commercial, business and competition law, Companies in difficultyManaging the crisis of a bank or insurance company is not covered by ordinary bankruptcy law. Faced with the risk of contagion that could destabilise the entire financial system, the public authorities have put in place a specific administrative regime, focused on the prevention and controlled management of insolvencies....Difficulties faced by regulated companies: a complex legal framework between prevention and resolution
Commercial, business and competition law, Companies in difficultyWhen a bank, investment firm or insurance company runs into difficulties, the rules of the game change radically. The ordinary law governing companies in difficulty does not apply in the same way. A specific legal framework, largely influenced by European law, has been put in place to manage such situations.Groups of companies in difficulty: how Europe is facilitating coordination
Commercial, business and competition law, Companies in difficultyIn today's economic landscape, many businesses are organised into groups of companies: a parent company controls one or more subsidiaries, sometimes spread across different countries. While this structure offers advantages during periods of growth, it becomes a real headache when the group, or one of its subsidiaries, is unable to...Abuse of exploitation: when the dominant company imposes unfair conditions
Abuse of dominant position, Commercial, business and competition lawA company in a dominant position has the economic power to act independently of its competitors and customers. While this position is not prohibited per se, competition law punishes its abusive exploitation, particularly when it leads to the imposition of unfair trading conditions. These practices, less...Exclusionary abuses: practices designed to eliminate competition explained
Abuse of dominant position, Commercial, business and competition lawAbuse of a dominant position is one of the main breaches of competition law. Among its manifestations, exclusionary abuses are particularly damaging to the functioning of markets. These practices, carried out by companies in a dominant position, are aimed at eliminating existing competitors or preventing new ones from entering the market...
EN 
FR