Commercial, business and competition law
Direct marketing of banking and financial services: a complete guide to regulations and obligations
By Charlotte GAUCHON30 June 2025Banking and financial canvassing, the practice of soliciting potential customers outside traditional branches, is an activity that is strictly regulated by law to protect savers. Given the proliferation of offers and the complexity of the products on offer, it is essential to understand the framework governing these practices in order to avoid pitfalls and make informed decisions. This article provides an overview of the basic rules governing direct marketing. To navigate this regulatory environment with confidence, the assistance of a professional can prove decisive. You can consult the expertise of our lawyers in banking and financial law for tailor-made assistance. Introduction to banking and financial canvassing Definition and purpose of canvassing Banking or financial canvassing is defined as any unsolicited contact with a person, by any means whatsoever, with the aim of obtaining an agreement for a banking or financial transaction....
Relevant market and dominant position: the keys to competitive analysis
Abuse of dominant position, Commercial, business and competition lawCompetitive analysis is an essential pillar of competition law. To establish the existence of an abuse of a dominant position, two steps are essential: defining the relevant market and establishing a dominant position on that market. These concepts, which seem abstract at first glance, nonetheless determine the...Abuse of a dominant position: understanding and identifying prohibited practices
Abuse of dominant position, Commercial, business and competition lawCompetition law governs the behaviour of companies in the marketplace to ensure fair and effective competition. Among anti-competitive practices, abuse of a dominant position is particularly closely monitored by the authorities. This complex concept, governed by Article L.420-2 of the French Commercial Code and Article 102 of the Treaty...Carriage of goods by air: carrier liability in the event of loss or damage
Commercial, business and competition law, Air transportTransporting goods by air accounts for a significant proportion of international trade. This solution, prized for its speed, nevertheless involves risks inherent in transport. Losses, damage or delays can occur, causing economic damage that can be considerable for both shippers and receivers. Understanding the applicable liability regime...The Montreal Convention: the cornerstone of international air carrier liability
Commercial, business and competition law, Air transportInternational air transport has a complex legal framework in which the Montreal Convention plays a fundamental role. Adopted on 28 May 1999 and brought into force in 2003, this convention is now the reference text governing the liability of international air carriers. It organises a system of...Falsifying goods: understanding the offence and the risks involved
Commercial, business and competition law, FraudThe trust you place in the products you buy every day is based on the assurance that they are what they claim to be, that they are safe and comply with standards. However, the risk of goods being falsified is an economic and legal reality that can have serious consequences, both for...The offence of deception in commercial law: constituent elements and penalties
Commercial, business and competition law, FraudTrust is at the heart of commercial relations. Whether they are buying a product or subscribing to a service, consumers and professionals alike legitimately expect the information provided to be accurate and the service or good to conform to what has been agreed....A practical guide to regulated sales for businesses
Commercial, business and competition law, Regulated salesRegulated forms of sale are an area of commercial law that provides a strict framework for commercial practices. The French Commercial Code sets out the rules that businesses must comply with when it comes to sales, stock clearance, unpacking sales and other commercial mechanisms. This guide summarises the essential points...Promotions, clearance sales, credit sales: mastering the financial and legal aspects
Commercial, business and competition law, Regulated salesCommercial operations based on advantageous pricing strategies and payment terms are effective in attracting customers, but involve numerous legal pitfalls. Between one-off promotions, liquidations and payment facilities such as credit, professionals are navigating a highly regulated environment. These commercial practices, which are governed...Off-premises sales, fairs, sales: understanding the specific rules
Commercial, business and competition law, Regulated salesThe world of commerce is governed by numerous rules that regulate the various sales methods. Far from being arbitrary, these regulations aim to protect consumers and ensure fair competition between professionals. Sales that take place outside the normal framework of shops, as well as...Bonuses, General Terms and Conditions, significant imbalance: securing the commercial relationship
Commercial, business and competition law, Regulated salesCommercial relationships are based on a wide range of marketing tools and contractual documents whose regulations are constantly evolving. Between promotional techniques and contractual frameworks, professionals have to navigate a complex legal environment where authorised commercial practices coexist with those that are strictly regulated. From sales with premiums to general terms and conditions...Representation by a lawyer before the Commercial Court: compulsory or not?
Commercial, business and competition law, Commercial courtThe question of whether you are obliged to be represented by a lawyer before the Commercial Court has changed significantly in recent years. Previously optional in most cases, such representation is now subject to a general principle of obligation, with some important exceptions. This transformation has considerably altered the...Understanding commercial court proceedings: a complete guide
Commercial, business and competition law, Commercial courtFrench commercial justice is based on a specific jurisdictional system: the commercial courts. These consular courts, made up of judges elected by their peers, settle disputes between traders. To manage your commercial disputes effectively, it is essential to understand how this exceptional jurisdiction works. What is the...Summons to appear before the Commercial Court: how to get proceedings off to a good start?
Commercial, business and competition law, Commercial courtWhen a commercial dispute arises and attempts at amicable resolution have failed, the writ of summons is often the first formal step in legal proceedings. This fundamental document largely determines the chances of success of your action. A poorly drafted or incomplete summons can jeopardise your case even before the hearing....Oral versus written proceedings in commercial court: what are the practical consequences?
Commercial, business and competition law, Commercial courtFor a long time, proceedings before the Commercial Court were essentially oral. This characteristic, which was intended to guarantee simplicity and speed, was one of the special features of this court. However, over the years and with successive reforms, the written word has gradually gained ground, to the point of profoundly transforming the...Declaration and verification of claims during the observation period
Commercial, business and competition law, Companies in difficultyThe opening of collective proceedings (safeguard, receivership or compulsory liquidation) triggers a series of mechanisms designed to organise the handling of the debtor company's difficulties. At the heart of these mechanisms is the management of past liabilities, i.e. debts incurred prior to the opening judgment. The declaration of debts represents a...Current contracts during the observation period
Commercial, business and competition law, Companies in difficultyThe opening of a safeguard or receivership procedure places the company in a delicate situation, marked by the need to continue its business while dealing with its financial difficulties. The observation period, a genuine diagnostic and restructuring phase, raises a fundamental question for the company's survival...The legal framework for advertising in France: protecting your communications
Commercial, business and competition law, Comparative advertisingAdvertising is an essential driver of economic activity, enabling companies to publicise their products and services. However, this freedom of commercial expression is not absolute. French law strictly regulates advertising practices to ensure fair information and protect consumers from abuse. Navigate this...Misleading advertising: definition, constituent elements and penalties
Commercial, business and competition law, Comparative advertisingIn a competitive commercial environment, advertising is an essential tool for companies wishing to promote their products or services. However, this communication must comply with strict rules to ensure that consumers are provided with fair and transparent information. The line between an advantageous presentation and a misleading claim can sometimes be...Comparative advertising: conditions of validity and pitfalls to avoid
Commercial, business and competition law, Comparative advertisingComparative advertising is a powerful marketing communication tool, attracting interest from advertisers and suspicion from competitors alike. By comparing the characteristics or prices of goods or services with those of a rival company, comparative advertising can help consumers to make the right choice, but it can also lead to practices that are...Air passenger rights: understanding your rights of recourse and airline liability
Commercial, business and competition law, Air transportAir travel, while making our journeys easier, can sometimes be a source of inconvenience: delays, cancellations, baggage problems or, more rarely, incidents resulting in personal injury. Fortunately, passengers are not helpless. A body of international and European rules governs the liability of airlines and defines...
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