Publications

Banking and securities law, Discount

Although bank discounting is a valuable cash management tool for companies, it also involves a significant risk: the principal debtor (the drawee of the bill or the issuer of the cheque) fails to pay on the due date. When this happens, the bank that advanced the funds...

Banking and securities law, Discount

Bank discounting, as we saw in our general presentation of this mechanism, is based on the mobilisation of a receivable before its maturity. However, to be eligible for this credit operation, the receivable must generally be materialised, incorporated in a specific security that the company gives to its bank. The nature...

Banking and securities law, Discount

Financial oxygen is essential to the smooth running of any business. It is a constant challenge to obtain liquidity quickly in order to cope with cash flow shortfalls, finance the operating cycle or seize a development opportunity. Among the tools available to companies to mobilise their trade receivables before they are paid off are...

Commercial, business and competition law, Company in difficulty

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, receivership or liquidation). However, the process does not stop there. Your claim will now be examined, and other important consequences of the opening of insolvency proceedings...

Sunset, Civil procedure

Civil procedure is full of technical pitfalls that can wreck your legal efforts. One of the most notorious but formidable of these pitfalls is nullity. An act that lapses has serious consequences: the proceedings are terminated, rights are lost and it is impossible to take further action. This mechanism mainly sanctions procedural negligence. What is nullity?

Commercial, business and competition law, Agreement

The 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...

Commercial, business and competition law, Agreement

The 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.

Commercial, business and competition law, Agreement

French 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...

Commercial, business and competition law, Agreement

Anti-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...

Commercial, business and competition law, Agreement

Competition 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....