In today's challenging economic and international environment, it is critical to comply with legal and ethical business practices and to sanction unfair trade practices.
Companies must ensure compliance with the provisions of the French Commercial Code and Consumer Code governing commercial practices and the rules of fair competition.
This means implementing appropriate commercial contracts when structuring relationships with suppliers, creating a network of commercial cooperation (agents, resellers, distributors, franchisees, etc.), or managing relationships with customers (including in a consumer law context).
These rules, some of which are Community-based and others Union-based, are regularly interpreted and/or clarified by the Court of Justice of the European Union to ensure uniform application within the European Union.
Unlawful commercial and/or competitive behavior and practices are the source of numerous disputes, which the parties may wish to put an end to through mediation, arbitration, or, more traditionally, through courts proceedings.
While the firm strongly supports negotiation and conciliation, it does not rule out legal proceedings to ensure compliance and maintain fair competition.
The firm is involved in the design, development, monitoring and execution of supplier contracts, distribution network or commercial cooperation contracts and customer contracts (in particular standard contracts, general conditions, framework contracts and application contracts), both for the French domestic market and at European or international level.
The firm is also able to provide assistance in supporting and assessing the performance of partners in any network of agents, resellers, distributors or franchisees.
The firm provides unparalleled advice on and litigates all aspects of unfair or unethical business practices, including abuse of economic dependence, misappropriation of customers, parasitism, disparagement, refusal to sell, wrongful termination of a long-standing business relationship, and breaches of the duty of loyalty.
The firm defends the interests of its clients, both as plaintiff and defendant.
It is regularly involved in commercial litigation involving off-network resales, the wrongful termination of a long-standing business relationship, attempts to disorganize a sales network, and even the illegal and/or massive poaching of competing teams.
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