We act for suppliers, distributors, franchisors, franchisees and intermediaries as they set up, negotiate, run and end their trading relationships, in both advisory and contentious work, with competition law, restrictive trading practices and consumer law always in view.
Setting up distribution networks
We structure and develop selective and exclusive distribution, dealership, agency, introducer, e-commerce and commercial cooperation networks, drafting contracts that serve the network’s commercial goals while staying within the limits of competition law.
Franchising
We advise franchisors and franchisees on pre-contractual disclosure, know-how, branding, supply, exclusivity, running the network and termination, and act in disputes over how franchise agreements were formed, performed or ended.
Supplier–distributor relations and negotiations
We help clients prepare and negotiate commercial agreements, terms of sale, price lists and the services paid for by suppliers, drawing on long experience of supplier–retailer negotiations and the Egalim rules.
Restrictive practices
We act on restrictive trading practices, including advantages with nothing in return or grossly out of proportion, significant imbalance and the other practices covered by Title IV of Book IV of the French Commercial Code.
Ending a business relationship
We advise clients on ending a business relationship, or challenging its termination, looking closely at the history of the relationship, how much it mattered commercially, the contract terms, the circumstances of the break and the notice owed.
E-commerce and omnichannel sales
With online sales and omnichannel strategies growing, network organisation, sales restrictions, digital platforms, consumer information and competition rules all have to work together. We help businesses get these arrangements right.
Consumer law
We deal with the consumer law issues that come with selling products and services: pre-contractual information, marketing practices, contract terms, promotions and the duties owed to consumers.
Inspections and dealings with regulators
We support businesses in their dealings with the DGCCRF, DREETS, DDPP and other regulators, from requests for information and inspections through to any administrative or court follow-up.
Distribution litigation
We act in disputes over performance, commercial terms, supply, exclusivity, network rules and termination, working hand in hand with our commercial litigation practice.
Proving what happened: Article 145
In some disputes, especially where unequal treatment, trading practices or conduct within the network are in question, the evidence is in the other side’s hands. A pre-action evidence order under Article 145 of the French Code of Civil Procedure may then be part of the evidence strategy.
How we handle pre-action evidenceSeeing the whole picture
We handle distribution issues in their full contractual, competitive and litigation context, so that nothing falls between the cracks.
