Commercial, business and competition law
Abuse of dominant position and exclusivity agreements: case law and practices
By Yasmine EDDAM29 June 2025Exclusivity agreements, the ultimate commercial partnership tools, can quickly become a source of dispute when implemented by a company in a dominant position. Competition law does not prohibit them as a matter of principle, but examines them with particular care to identify practices that distort competition. For a company director, whether in a position of strength or dependent on a major supplier, it is essential to understand the boundary between a legitimate commercial strategy and an abuse of a dominant position. A seemingly innocuous contract may conceal clauses with far-reaching effects that could render the company liable. Analysing these complex situations requires a detailed knowledge of legal mechanisms and case law, an area in which the support of an advisor is often decisive in securing business relationships. If you have any questions about these issues, you can call on our firm's expertise in...
Penalties for non-compliant measuring instruments
Commercial, business and competition law, MetrologyThe compliance of measuring instruments with legal requirements is a major issue for companies and professionals. Beyond the technical aspect, this question has significant legal and economic implications. The legislator, aware of the importance of guaranteeing the accuracy of measurements for the fairness of commercial transactions and the...Inspection of measuring instruments: procedures and legal framework
Commercial, business and competition law, MetrologyThe accuracy of measuring instruments is a fundamental element in guaranteeing fair trading, consumer protection and public safety. To ensure this accuracy, the legislator has set up a rigorous system of metrological control governed by a series of national and European texts....Regulation of units of measurement in France: obligations and penalties
Commercial, business and competition law, MetrologyIn an economy where commercial and industrial exchanges are based on the precision and reliability of measurements, France, like all developed countries, has a strict legal framework governing units of measurement. Although companies are sometimes unaware of these regulations, they are a fundamental part of commercial and industrial law.Legal metrology law: understanding the regulations governing measuring instruments
Commercial, business and competition law, MetrologyLegal metrology, a little-known but fundamental branch of law in our economy, governs all measuring instruments used in commercial transactions, public health or personal safety. These complex and technical regulations have a simple objective: to guarantee the accuracy and reliability of measurements in order to...Verification of claims, suspension of interest and registrations: consequences of the declaration
Commercial, business and competition law, Companies in difficultyhtml Declaring your claim on time, as explained in our previous article, is a crucial step when your debtor is the subject of collective proceedings (safeguard, reorganisation or judicial liquidation). However, the process does not stop there. Your claim will now be examined, and other important consequences of the opening of insolvency proceedings...Can an anti-competitive agreement be justified? Exemptions
Commercial, business and competition law, CartelsThe prohibition on anti-competitive agreements set out in Article L. 420-1 of the French Commercial Code is a cornerstone of French competition law. Its aim is to ensure that markets function properly for the benefit of businesses and consumers. However, this prohibition is not absolute. The legislator has provided for situations...The main types of agreement prohibited by competition law
Commercial, business and competition law, CartelsThe aim of competition law is to guarantee fair and balanced competition between economic players. At the heart of this system is article L. 420-1 of the French Commercial Code, which lays down the principle that anti-competitive agreements are prohibited. While this article gives a few examples of prohibited practices, the list is not exhaustive.Cartel by object or by anti-competitive effect: what are the differences?
Commercial, business and competition law, CartelsFrench competition law, like its European counterpart, is based on fundamental pillars designed to ensure healthy and fair competition on the markets. Central among these pillars is the prohibition on anti-competitive agreements, set out in Article L. 420-1 of the French Commercial Code. This...Proving a cartel: how do the authorities investigate and what evidence should be used?
Commercial, business and competition law, CartelsAnti-competitive agreements - agreements or concerted practices between companies aimed at distorting competition - often take place in the shadows. By their very nature, the participants seek discretion in order to escape the vigilance of the authorities and the potentially heavy penalties. However, the Autorité de la concurrence (French competition authority) has the means...What is an anti-competitive agreement under French law?
Commercial, business and competition law, CartelsThe term "cartel" often conjures up images of secret meetings where competitors agree to manipulate the market. While this image is not entirely false, the legal reality is more nuanced. Understanding precisely what is covered by the notion of anti-competitive agreements is essential for any company wishing to operate in compliance with...Anti-competitive agreements: understanding the rules and the risks for your company
Commercial, business and competition law, CartelsCompetition is often described as the engine of the economy. It drives companies to innovate, improve their offerings and offer attractive prices. However, some companies may be tempted to circumvent this competition by entering into secret agreements with their competitors: these are known as anti-competitive agreements....The suspect period: definition, determination and legal action
Commercial, business and competition law, Companies in difficultyWhen a company's difficulties reach a critical point, French law provides for specific mechanisms to try to turn it around or, if that is no longer possible, to organise its liquidation in an orderly fashion. At the heart of these so-called collective procedures (receivership and liquidation) lies a fundamental concept:...When can a deed be annulled during a suspect period?
Commercial, business and competition law, Companies in difficultyWhen a company runs into financial difficulties leading to receivership or compulsory liquidation, a critical period begins: the suspect period. As we saw in our introductory article on the suspect period, certain acts carried out during this period are so abnormal that they are automatically nullified by law...Acts automatically annulled during the suspect period (legal nullities)
Commercial, business and competition law, Companies in difficultyWhen a company is experiencing major financial difficulties, there is a particularly sensitive period before the official launch of receivership or liquidation proceedings. This is known as the 'suspect period', a period of time during which certain actions taken by the director may be called into question....Understanding the suspect period and its consequences for your company
Commercial, business and competition law, Companies in difficultyWhen a company is experiencing significant financial difficulties, the prospect of receivership or liquidation proceedings may become a reality. Even before such proceedings are officially opened by the court, a critical and often little-known phase begins: the suspect period. This period is not insignificant. The decisions taken, the...International bankruptcy: when and how do the French courts intervene?
Commercial, business and competition law, Companies in difficultyThe increasing internationalisation of trade and the location of companies means that there are more and more situations where financial difficulties extend beyond the borders of a single country, particularly for regulated companies operating internationally. What happens when a French or foreign company with links to France finds itself in financial difficulty?Understanding judicial liquidation: an essential guide for companies in difficulty
Commercial, business and competition law, Companies in difficultyFacing insurmountable financial difficulties is a dreaded ordeal for any company director. When recovery solutions seem out of reach, judicial liquidation becomes a concrete prospect. Although this procedure is difficult, it is governed by precise rules designed to organise the end of the business and to...The end of liquidation and professional recovery: what are the outcomes?
Commercial, business and competition law, Companies in difficultyWhen a company goes into compulsory liquidation, the outcome may seem inevitable: the disappearance of the business and the sale of the assets. However, the procedure must formally come to an end, and this end, known as closure, can take different forms with varying consequences, particularly for the individual debtor. In addition, for...Judicial liquidation: consequences for creditors and realisation of assets
Commercial, business and competition law, Companies in difficultyThe opening of a judicial liquidation procedure marks a turning point not only for the company and its director, but also directly for its creditors. Suppliers, banks, social security bodies, tax authorities, employees... all find themselves faced with a situation where the recovery of their debts becomes uncertain and...Commencement of compulsory liquidation: conditions and initial effects for the debtor
Commercial, business and competition law, Companies in difficultyThe prospect of compulsory liquidation is a critical time for any company and its director. Often dreaded, this procedure marks a decisive turning point, generally when financial difficulties reach a point of no return. It is important to understand the circumstances in which this procedure can be initiated and the immediate consequences...
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