Commercial, business and competition law
Commercial law in Wallis and Futuna: legal regime, specificities and adaptations
By Raphaël MORENON3 September 2025Entrepreneurs in Wallis and Futuna: local commercial law is complex. Find out about its specific features to help you secure your business in this unique territory.
Vertical restraints: a complete guide to competition law and distribution agreements
Competition, Commercial, Business and Competition LawDistribution, franchising and supply agreements are at the heart of many companies' strategies. However, these so-called 'vertical' contracts may contain clauses which, without careful analysis, could come into conflict with competition law. Far from being simple contractual documents, they define the terms and conditions...Regulation of crypto-assets in Europe: understanding mica and tfr
Assets, Commercial, Business and Competition LawThe crypto-asset ecosystem, once seen as a digital frontier for insiders, now represents a key sector for investment and innovation. For companies and individuals alike, it offers new opportunities, but its rapid development has long been accompanied by an uncertain legal framework, a source of major risks. With this in mind,...Transfer of digital assets free of charge: donations, legacies and precautions
Assets, Commercial, Business and Competition LawWealth transfer is constantly adapting to new forms of wealth. Today, digital assets, whether cryptocurrencies, non-fungible tokens (NFTs) or other blockchain-based instruments, make up a growing proportion of wealth. Their management and transfer free of charge, by gift or by...Transfer and contribution of digital assets: legal framework and taxation
Assets, Commercial, Business and Competition LawThe management of digital assets, whether virtual currencies, tokens or NFTs, has become a central concern for individuals and businesses alike. These transactions, which range from simple transfers to incorporations, raise highly complex legal and tax issues. Far from being an area of...Guarantees and availability of digital assets: challenges and solutions
Assets, Commercial, Business and Competition LawThe rise of digital assets has opened up unprecedented investment and financing opportunities, but it has also created considerable legal challenges. For companies and investors, the ability to use these new forms of value as a medium for credit or to transfer them securely is fundamental....The impact of technology on the legal status of digital assets: mastering the keys and powers
Assets, Commercial, Business and Competition LawThe emergence of digital assets has profoundly altered the wealth landscape, creating new forms of wealth based on complex technological foundations. As lawyers, we have observed that the ownership and transfer of these intangible assets raises unprecedented legal issues. The particularity of these assets is that...Legal classification of digital assets: named, unnamed and special regimes
Assets, Commercial, Business and Competition LawThe emergence of digital assets has profoundly transformed the economic and property landscape. For businesses and individuals alike, these new forms of value represent both opportunities and considerable legal challenges. Attempting to deal with them using traditional legal tools is a complex exercise, given the nature of 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...
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