Pricing transparency and commercial negotiation:

  • Drafting and review of general terms and conditions (GTC) of sale and of purchase;
  • Drafting and annual updating of commercial agreements as described in Articles L.441-7 et seq. of the French Commercial Code;
  • Analysis and audit of commercial agreements between suppliers and distributors;
  • Advice on commercial policy (GTC of sale by category, special T&C of sale, commercial cooperation, other obligations, public information notices, etc.) and invoicing rules;
  • Setting up central procurement and/or product listing units: drafting and/or review of agreements;
  • Payment terms (assistance during governmental inspections by DGCCRF [French Directorate General for Competition,
  • Consumer Affairs and Prevention of Fraud] or DIRECCTE [local Department of Labour and Employment]) and monitoring of procedures including before administrative courts;
  • Basic or “bespoke” training on the rules governing commercial negotiation;
  • Assistance during inspections or visits by government departments (DGCCRF or DIRECCTE).

Distribution networks:

  • Organisation of distribution networks (franchise, commission-affiliation, exclusive and/or selective distribution, commercial agent, broker, etc.);
  • Negotiation and writing of commercial agreements;
  • Pre-contractual information (the “DIP” for franchisees in France);
  • Network litigation.

Termination of established commercial and contractual relationships

Other restrictive practices (significant imbalance, benefits received without consideration, etc.)

Unfair competition and parasitic copying

Reference Lawyer (s):

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Law firm based in Paris