antitrust/agreements

Analysis of the lawfulness of certain practices

Implementation of compliance programs

Litigation counsel before European and French administrative authorities and courts

merger control

Notification of transactions to European or French competition authorities

Assistance with the control procedure

restrictive practices

Audit of the agreements and contracts under restrictive practices (significant imbalances, break-up of set commercial relation, etc.)

Litigation counsel with business contracts enforcements (break-up of set commercial relations, action for invalidity of restrictive practices clauses, etc.)

unfair competition

Litigation counsel linked to disparagement, imitation, free-riding issues, or any kind of unlawful behavior

recent action

• Counsel and representation of a food producer with the commitment procedure before the Antitrust/competition authority

• Competition and free-riding litigation within the luxury sector

• Assisting several companies in connection with competition investigations (dawn raids)

• Assisting clients in the food distribution Industry with the assessment of a reasonable notice period required to terminate a business relationship

• Assistance in drafting framework agreements and in implementing annual commercial policies for a significant player in the organic food distribution industry.

• Obtaining for a pure player in the real estate industry the nullity of a clause of a membership contract proposed by the leader of the online payment service on the basis of the significant imbalance

• Assisting in a commercial case, acting for a business accused by one of its competitors of complicity of an exclusivity infrigement

Distribution networks

Negotiation and drafting of select or exclusive contracts and advice with significant imbalance characterization (payment period and separate billing of past services, etc.)

Implementation of exclusive agreements and commercial cooperation agreements

Drafting of contracts for commercial franchise and services, commercial agents, trade concessions, commission-based affiliation, commission on sales, brokerage, etc.

Assistance and counsel with to the redefinition of the distribution contract in a mutual interest mandate; franchise. 

Internal and international commercial agreements 

Drafting of partnership contracts, subcontracting contracts, trademark license contracts, cobranding contracts, mutual interest mandates, etc. 

Drafting of general and collective terms and conditions of sale

recent action

• Litigation related to the non-performance of an exclusive supply contract before trade courts

• Assistance and counsel of a beverage producer on the drafting of a single convention in the food industry

• Assistance and counsel of a leading Tableware producer and distributor in the implementation of a selective distribution system

Pre-contractual information and advertising of products

Advice on the implementation of marketing and distribution processes (distance selling, cold calling and doorstep selling, e-business.) 

Advice on and validation of promotional campaigns (sales with bonuses, display of price discounts, etc.) 

Product quality and safety 

Advice on and validation of product labeling, especially with food products (INCO regulations).  

Advice on and labeling of nutrition and health claims.

Assistance and representation with controls and investigations by the Directorate for Competition, Consumer Affairs and Prevention of Fraud (DGCCRF,) and before the criminal courts. 

recent action

• Assistance and counsel for a cooperative distribution network of organic products with the promotion campaigns of fresh fruits and vegetables

CONSTRUCTION & ACQUISITION

Assistance with investment and/or divestiture operations (transfer of assets or real estate companies) and completion of legal and fiscal audits; warranties

Assisting in devising (AMO, MOD, BEFA, etc.) in compliance with regulations (ERP, tourist categorization, land use designation, etc.)

EXPLOITATION

Advice on and drafting of commercial leases

Advice on and drafting of management agreements, namely hotel management agreements and ancillary agreements 

Advice on all issues pertaining to commercial leases (ERP, commercial urban development, commercial signs, etc.) 

Advice on all issues pertaining to the purchase or sale of commercial leases

recent action

• Counsel of a consortium of investors with the purchase of a 5,000 square meter housing complex in Paris, and its transformation into a hotel